
Liberty Matters News Service
3/24/97 Volume I, Issue 6
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Liberty Matters News Service.
Supreme Justice for Property Rights
In a surprising unanimous decision, the United States Supreme Court ruled in Bennett v. Spear that landowners, not just environmentalists, have the right to sue the federal government under the Endangered Species Act (ESA). The hardhitting opinion, written by Justice Scalia, is one of the most significant decisions recently rendered on behalf of private property owners. The Court said that the ability to bring suit under the "citizen’s suit" provision is not just for "environmentalists alone." The ruling opens the door for landowners adversly affected by an ESA listing to seek relief. This ruling also affirms HR 752 by Congressman Helen Chenoweth (R-ID), who has indicated she might broaden the bill and continue to press for passage. The pendulum of justice is certainly moving our way with this landmark 9-0 ruling by the highest court in the land. Doc 81
Maine Bill Would Outlaw Homes
If Brock Evans gets his way, the Maine legislature would outlaw construction of all new residential or commercial structures in five rural areas of the state that include nearly 4 million acres of privately held property. The pupose of the bill is to "ensure that certain core areas of Maine’s wildlands remain unfragmented by development." Five years ago, Brock Evans, then VP and chief lobbyist for the National Audubon Society, launched a campaign to place 26 million acres of land in Maine, New Hampshire, Vermont and New York under federal control through the Northern Forests Lands project.. Evans incited the environmental community to "…take it all back…" and it appears he has begun his dream with this piece of legislation. "Rewilding" America sounds like a crazy concept, but, is taken very seriously by many enviromentalists like Evans who want to control your private property. Doc 82
Rooney’s Loony Tune
Mr. Andy Rooney of the CBS TV news magazine 60 Minutes said in an interview printed in the Albany Times Union on March 12, 1997, "It’s usually the local people who tend to ruin a good place… the rich appreciate the beauty of a place as outsiders and they have the money to take care of a property." For all of you that disagree, you may contact Mr. Rooney at CBS 60 minutes 524 West 57th St., New York, NY 10019-2925 phone 212-975-2006 fax 212-757-6975 Doc 83 (copy of article)
United Nations’ Anti-Private Property Platform
Most Americans are unaware of the long-term agenda of the United Nations to control land use around the world. The official policy adopted by the UN in 1976 reads in part: "Land … cannot be treated as an ordinary asset, controlled by individuals and subject to the pressures and inefficiencies of the market. Private land ownership is also a principal instrument of accumulation and concentration of wealth and therefore contributes to social injustice; if unchecked, it may become a major obstacle in the planning and implementation of development schemes. The provision of decent dwellings and healthy conditions for the people can only be achieved if land is used in the interest of society as a whole. Public control of land use is therefore indispensable …." In a press conference held last week, President Clinton questioned whether we should even be a sovereign country, when he stated, "…how can we be an independent sovereign nation leading the world in a world that is increasingly interdependent…" It is policy and statements like these that threaten not only our future, but our very liberty in America. To remain a free nation, we must defend the right of individuals, not government to own property. Doc 84, 86
Babbitt Feels Heat, Pulls BLM Regs
In a stunning turnaround, Bruce Babbitt, Secretary of the Interior, withdrew the controversial Bureau of Land Management (BLM) Law Enforcement Regulations March 10, 1997. However, Babbitt indicated the regulations could be re-drafted and submitted at a later date. The withdrawal came after more than 4,000 official comments were submitted and dozens of state and county governments raised serious concerns over the proposal. This is a major victory . Had the grassroots not raised their voice, Babbitt’s private police force would be untouchable today. Good Job!
Court Rules FWS Violated NEPA
Judge E.L. Mecham, Senior Judge for the New Mexico Federal District Court, ruled March 4, 1997, that the Fish and Wildlife Service (FWS) violated the National Environmental Policy Act (NEPA) by not performing a proper Environmental Impact Statement before designating critical habitat for the Mexican Spotted Owl in parts of Arizona and New Mexico. The Judge admonished FWS by saying "[I]t is in the public interest that agencies obey the law." It is unfortunate that it takes a court decision to force a federal agency to abide by the law, but thanks to the tenacity and courage of the families in this region, they have fought and won a major victory for private property rights in America. Doc 85