January 27, 1997

Volume I, Issue 2

Duell Family Update

On January 21, Glenda Duell was scheduled to report to prison after having been found guilty of "intending to pollute the waters of the state of NY" as a result of a leaky septic system (for which they could have been fined $32 million and spent a total of 1200 years in prison), however thanks to the discretion of the Appellate Division Judge, both Glenda and her husband will remain with their kids pending the outcome of their appeal. The Duell's story has been broadcast nationwide by the Michael Reagan Show in California, the Curtis Sliwa Show in New York City and dozens of local talk radio shows from San Francisco to San Antonio to Bangor, Maine. The response to this case has generated universal outrage and has been reported in scores of grassroots networks, hometown newsletters and papers nationwide. Order FaxBack 50

Constitutional Amendment Sought for the Environment

It has been reported that Legislators in 36 state Houses have filed legislation to amend the U.S. Constitution to "protect" the environment. State Representative Debra Danburg (D-TX) said "clean air, clean water, and protection of other natural resources should be guaranteed and is as important as our right to free speech." The Amendment reads: "The natural resources of the nation are the heritage of the present and future generations. The right of each person to clean and healthful air and water, and to the protection of the other natural resources of the nation shall not be infringed upon by any person." This is a dangerous precedent that will jeopardize many of our constitutional rights, including the Fifth Amendment to the Constitution which guarantees that private property can not be taken for public use without just compensation. Call your state representatives to see if this amendment has been filed in your state and make sure they understand the significance of this bill. Elevating the environment to the level of a civil right conflicts with, and will take precedence over, our constitutional protections forcing the government to decide between the environment and the Bill of Rights.

Order FaxBack 51

Federal Agency Claims Law Enforcement Authority

The Bureau of Land Management (BLM), responsible for managing portions of the federal lands, published new rules November 7, 1996, that would "expand" their law enforcement authority to investigate, arrest, search and seize property and enforce traffic violations without warrant or due process on federal lands. The proposed rules would also allow the same enforcement authority on private property where water flows between private and federal lands. There is one problem. It seems Congress never specifically endowed the BLM or any other land management agency with any law enforcement powers. Still, for years the agencies have promoted "special agents" who carry badges and side arms exercising broad enforcement powers. The landmark takings case of Hage v. United States was filed after the Forest Service confiscated Hage's property at gun point. Congressmen Helen Chenoweth (R-ID) and Don Young (R-AK) have co-signed a letter to the BLM, demanding they provide the specific statute they claim authorizes this law enforcement power. Ironically, BLM has now extended the public comment period to March 7, 1997, while they search their files for the statute. Order FaxBack 52, 53

ESA Debate Heating Up in Senate

Senator Dirk Kempthorne (R-ID) is expected to introduce legislation Monday, January 27, to reform the Endangered Species Act. Touted as "real reform" by Kempthorne's office, the author promises the bill will offer incentives in the form of contracts, tax deductions and other options to landowners who have endangered species or habitat on their property. This bill, however, contains no specific property rights protections. John Chafee (R-RI), chairman of the Senate Committee on Environment and Public Works, has indicated that he will not allow an ESA bill to be reported out of his committee if it contains property rights language. However, a commitment has been given to Kempthorne to attempt a property rights amendment during floor debate expected July, 1997 where 51 votes will be needed. Without property rights protections, incentives are just another clever tool used by ESA reformers to lure landowners into giving up more of their constitutional rights. Order FaxBack 54

Hatch Promises Property Rights Bill

Senator Orin Hatch (R-UT) has promised to reintroduce his Omnibus Property Rights Protection Act in the 105th Congress. To date, nothing has been filed and it is still unclear if it will include the 50 percent trigger contained in the 1996 version. By setting an arbitrary trigger level, Congress is destroying the basic premise of the Fifth Amendment, deciding that a certain percentage of your private property can be taken without compensation. A taking without compensation is theft, no matter if it is one percent or 50 percent.

Wolves Everywhere

Despite the problems encountered when wolves were reintroduced in Yellowstone National Park last year, the environmental community is assisting the federal government by mounting a multimillion dollar campaign to bring back predator wolves in Arizona, New Mexico, Texas, the Adirondack area of New York and the Northern Forest area of Vermont, New Hampshire and Maine. The PR campaign to romanticize the wolf into a cuddly and misunderstood animal completely ignores the predatory killer instinct of these wild canines. This program has proven disastrous for landowners and homeowners alike. Order FaxBack 40-44.