11/1/98

Time For Repeal

Senator Kempthorne tried every political maneuver to pass his ESA reauthorization bill, but because of the pressure created by the grassroots on the leadership in both the House and Senate, he failed. The president signed the FY 1999 Omnibus Appropriations Act into law on October 20th, which included funding of $14.1 billion for the Department of Interior. Senate Majority Leader Trent Lott pulled the original Interior bill from the floor in September mainly due to the controversy over Kempthorne’s ESA amendments. When the Omnibus bill was crafted and passed, Kempthorne’s language was nowhere to be found. This is a terrific victory for the grassroots proving we can make a difference. Now it’s time to get Congress to pass the grassroots version of ESA reform – Repeal!

Judge Indicates Favorable Ruling in Hage v. United States

After seven long days of trial before Chief Justice Loren Smith of the US Court of Federal Claims and a one day site visit, the first of three phases ended October 10th for the landmark takings case Hage v. United States. Closing briefs must be submitted to the court before the Judge will issue his decision expected next spring, but plaintiffs remain extremely optimistic. Hage has asked the court for just compensation for his property and ranching operation which the land management agencies destroyed through their abusive environmental regulations. The trial was about proving title to water, rights of way and forage that Hage held in the federal lands. The Judge stated it was clear Hage has vested rights in the range. He also stated, presuming the plaintiffs prevail, he would like to hold the final two phases of trial on takings and valuation in the summer or fall of 1999. The Judge’s closing remarks stated that while the government has a responsibility to manage the land, individual rights are important and property rights essential. We couldn’t have said it any better. Faxback Doc. 360

Federalism EO About to Take Effect

When Bill Clinton promulgated his infamous Executive Order 13083 last May, local and state governments from coast to coast rebelled at the possible effects of a plan that would severely reduce, if not completely obliterate, local control in many areas. Because of the political firestorm, the Clinton White House put implementation of the program on hold. In response to the threat Rep. Bob Barr (R-GA) introduced HR 4196, a bill designed to restore the division of governmental responsibilities. Unfortunately, the bill died in the Judiciary Committee with no replacement before adjournment, leaving the new policy to take effect unchanged on or around Nov. 14. If this policy is allowed to go forward, local control will be severely constrained and federal government meddling in our daily lives will increase geometrically. It is necessary to contact every elected local, state and congressional leaders to oppose Clinton’s EO immediately. Faxback Docs. 361, 362, 363

Dept of Interior Website Sanitized After Babbitt’s Blunder

Last May Secretary of the Interior Bruce Babbitt bragged that the delisting of 17 species was proof positive that the Endangered Species Act works. But he failed to note that of the 17 species touted, 5 were removed because they were extinct, 8 because of listing errors, and 4 because the species never existed in the first place. Recently, the DOI webmasters were forced to alter the site, making it appear as if Babbitt had never uttered a word. (Scoop) Faxback Doc. 365

Real Rivers Agenda Begins to Flow

The main organization responsible for lobbying for American Heritage Rivers announced October 30th they need more funding for projects along President Clinton’s heritage rivers. They want increased funding for removal of dams, hydropower systems and for controlling non-point source pollution from agriculture, logging and mining. They also want more federal land acquisitions. So much for local control. Also on the rivers front, the chief architect of the rivers program, Katy McGinty, has reportedly resigned her post at CEQ. No word of her replacement. Faxback Doc. 364

December 16, 1998 

Hage Wins Round One

Chief Judge Loren Smith has already issued a preliminary decision in the first phase of the Hage v. United States lawsuit against the federal government. The opinion came less than a month after the trial ended and before final supportive documents and closing briefs were filed. The Judge ruled in favor of the Hage’s on several key issues including that Hage owned the water and ditch rights of way that they claimed. He also indicated that there is a historical connection between a vested water right and the forage grazed on federal lands. The decision is already helping other property owners. In November, a 10th Circuit Judge waved the opinion in front of a government attorney stating that the Hage decision had a profound effect on the case before his court. Final arguments will be made April 22, 1999 in this first phase and the court is pushing for trial on the takings and valuation phase in the summer of 1999. During the second phase, Hage intends to prove that when environmental regulations go too far, a taking of their property occurs creating a powerful precedent for all landowners across the country. Faxback Doc.366

Clinton Pushing Climate Treaty Through Agencies

Fearing the Senate will veto the UN Climate Change Treaty, President Clinton has stepped up efforts to piece meal portions of the Kyoto agenda through the administrative agencies, namely the Environmental Protection Agency (EPA). According to Henry Lamb of ECO, the agency is currently meeting with electric and manufacturing companies to offer early credits for voluntarily complying with the treaty. It is believed that when emission trading goes into effect world wide, those who voluntarily comply today will have earned retroactive credits. As companies have signed on to the EPA’s program, news stories have been released nationwide outlining how major industries are changing their position about the treaty, a move that is undermining industry opposition. 

Environmental Agenda Losing Public Support

The DC-based National Environmental Education & Training Foundation recently released the results of their nationwide poll concluding that "most Americans rely on outdated or incorrect information when making decisions about the environment and use common myths to guide their behavior." One of the most common myths used today to create draconian laws and regulations is the theory of global warming promoted by vice president Al Gore. The poll shows that the environmental agenda is slowly losing the confidence of the public. In fact, 17% of those polled in 1998 believe environmental laws and regulations have gone too far. This number is up from the 1992 poll where only 10% agreed (a 70% increase). The trend is good news for property owners, one we need to continue.

The Office of the Federal Environmental Executive was created in 1993 by the Clinton Administration to channel federal purchasing to "green" companies and away from "brown" businesses. True to form, the agency has no congressional oversight. The mission statement of the agency is to "Advocate, coordinate, and assist environmental efforts of the Federal community in waste prevention, recycling, the affirmative procurement of guideline items and the acquisition of recycled and environmentally preferable products and services." On the surface, it appears the agency promotes recycling as a main objective, however, a primary goal is the avoidance of products on the TRI (Toxics Release Inventory) list. The list, composed of some 650 chemicals, contains compounds necessary for our modern way of life including chlorine, ammonia and hydroxide to name a few and dovetails with The Council for Sustainable Development goals. The effect of this policy forces American businesses to comply with the radical environmental agenda through the purchasing power of the federal government. www.ofee.gov

Liberty Matters Thanks You!

As we gear up for next year we wanted to thank you for responding to our alerts, for staying with us through the issues, and for helping us defeat several major items of the environmental agenda. We will be back in January rested and ready to stand with you and fight the battles we face in 1999.