Liberty Matters News Service

February 10, 1997 "Information is the Currency of Democracy" Volume I, Issue 3

©1997 by Liberty Matters.

Clinton Proposes New "Heritage" Scheme

In case you missed it, President Clinton, in his State of the Union address, proposed yet another federal "Heritage" program… this time for rivers. He said, "I will designate 10 American Rivers to help communities alongside them revitalize their waterfronts and clean up pollution in the rivers." Carrie Collins, a spokesman for the American Rivers environmental group, remarked that "there are several rivers that would clearly qualify. ... On our proposed list would be the Mississippi, Columbia, Hudson and Colorado. Those rivers clearly played a major role in our cultural and historical development." This program will interject federal influence and control over vast areas of the country through watershed management. Sound familiar? Faxback 55

Government Dealt Major Blow in Hage Case

The Federal Government lost an important decision February 3, 1997 in the Hage v. United States takings case. The government attempted to appeal the landmark Summary Judgment decision issued last March; which gave property owners a constitutional stronghold against environmental regulations. The court had ruled that federal and state regulations cannot override property rights protected by state law without triggering fifth amendment compensation to the property owner. Chief Judge of the U. S. Court of Federal Claims, Loren Smith ruled, without hesitation, against the government allowing the case to continue to trial expected this October. FaxBack 62

ESA Amendment to be Introduced

Idaho Congressman Helen Chenoweth will be reintroducing the "Citizen's Fair Hearing Act" Wednesday, February 12th, first introduced in the 104th Congress. The bill would amend the Endangered Species Act (ESA) to allow landowners injured by the Act to bring suit against the government. The Ninth Circuit Court of Appeals in Bennett v. Plenert, ruled that only environmentalists can sue under the ESA. This bill would give property owners the same standing. If you feel this is important, call your Congressman by February 11th to sign on to this bill. FaxBack 63

Codifying Reagan's Executive Order

New York Congressman Gerald Solomon introduced HR 95, the Private Property Protection Act of 1997. The bill requires all federal agencies to abide by President Ronald Reagan's

Takings Executive Order 12630," instructing the agency to perform a "Takings Impact Analysis (TIA)" before implementing regulations. Solomon's bill goes one step further by requiring the Attorney General to certify the TIA. Thank you President Reagan for believing in property rights. FaxBack 56, 65

BLM Law Enforcement Update

Last December the Department of Interior released proposed rules that would "expand" the law enforcement authority of the Bureau of Land Management (BLM). The problem is there is no statute that gives them law enforcement authority to begin with. Washington sources report that Secretary of Interior, Bruce Babbitt, was asked by State BLM Directors to withdraw the proposed rules because of pressure mounting in their states. Babbitt refused. Anyone who wishes to comment on these proposed rules should also direct them to your State BLM Director. FaxBack 64, 52, 53

Young Files Bill Requiring Legislative Consent

Alaska Congressman Don Young is expected to reintroduce the "American Land Sovereignty Protection Act" later this week. Many in Congress question what authority the United Nations has had in designating the existing 47 Biosphere Reserves and 18 World Heritage Sites in America. The purpose of the bill is to provide that any future designations require an Act of Congress. It also provides that any existing designations will terminate by 1999, unless Congress specifically authorizes each site. FaxBack 37, 66