Liberty Matters News Service

June 19, 2001

CARA Hearing

The House Resources Committee is scheduled to take up the controversial H.R. 701, the Conservation and Reinvestment Act, June 20th, that would put over $3 billion of offshore oil and gas receipts into conservation and acquisition programs.  Private property owners have virtually been left out of the hearing process and only those that support the bill are testifying.  The bill creates environmental entitlements for federal and state acquisition of private property.  If you have a congressman on the Resources Committee, call them this week to voice your opinion.  We must stop CARA again.  Remind them that environmentalism is no excuse to convert our nation to a socialistic state where government owns, controls and directs our land and our people.  Call (800) 648 2516 or (202) 225-3121 to call any Congressman at the Capitol Switchboard.  
Resource Committee Members    

Let Them Eat Dirt!

By some accounts, an estimated 3,000 people turned out June 16th for the congressional field hearing led by Representative Richard Pombo (R-CA) on the federal cut off of water in Klamath Basin Oregon.  The US Bureau of Reclamation decided to shut off irrigation water to over 1500 Oregon farmers last April to increase stream flow for the suckerfish and coho salmon protected under the Endangered Species Act.  The hearing took a political twist when the Democrats in the district where the meeting was held pulled a no-show.  This lead the Republicans to accuse them of being “much like the arrogant French royalty centuries ago, [the] congressional Democrats’ message to Oregon farmers is let them drink dirt.”  Biologist Dave Vogel was asked what was the most serious flaw in the decision to shut off the water, Vogel responded, “The single minded approach that more water is always better for fish.  And it’s not.”   
Glimmer of Hope for Endangered Farmers and Their Communities
GOP Critical of Klamath Water Cutoff

Lawsuit of the Month Club

The “greens” are blaming President Bush for a moratorium on listing new endangered species and are livid over the proposed restrictions on “citizen lawsuits.”  They have conveniently forgotten that the moratorium is a holdover from the Clinton administration.  Interior Secretary Norton says her agency can do nothing to help so-called endangered species because of the avalanche of lawsuits, filed not by citizens, but by two radical environmental groups: Earth Justice and The Center for Biological Diversity.  Kieran Suckling, the Center’s leader, says the suits are necessary to “save” critters and plants.  The Center has done its part by filing a “citizen lawsuit” every 32 days for five years, not to save species, say critics, “but to reshape society, stop growth, and promote its anti-human agenda.”  These are also the groups that have the two-dozen citizen lawsuits demanding the FWS designate over 80 million acres as critical habitat.  
Greens Angry With Moratorium on Listing of New Endangered Species (pdf)

Show Me the Money

Former Interior Secretary Bruce Babbitt has launched a lucrative new career as land broker for the wealthy who want to develop their property while stifling criticism from environmental watchdogs.  Babbitt has been hired by the Hearst Corporation to help put together a $200 million-plus development of parts of the 18 mile, 83,000 acre corporate ranch in San Simeon, California.  He has also been hired by Washington Mutual Inc., to help convince critics, who have stalled the company’s 3,050 homebuilding project in Ventura County, to surrender peacefully and let the project proceed.  This battle has been going on since 1992.  Babbitt was Secretary of Interior all that time, but did nothing.  Now, he will, no doubt, be amply rewarded if he is able to make the objections to their projects disappear.  Babbitt had nothing to say about his latest hypocrisy.  
First Ann Richards Now Babbitt;; Babbitt's About-Face
And in the Developer's Corner: Babbit (pdf)


Rails-to-Trails Victory

In a precedent-setting case, the U.S. Court of Appeals for the Federal Circuit ruled on May 23rd that the government must pay a Burlington, Vermont couple $234,000 plus fifteen years worth of interest – more than double the award – for a 500-foot strip of land taken for a bike trail.  They also can apply for attorney’s fees and expenses.  Paul and Patricia Preseault have been in court for almost two decades fighting the government for the illegal taking.  The case was actually heard by the U.S. Supreme Court that said the federal rails-to-trails legislation did not violate the Constitution, but also said the Preseaults may be entitled to compensation under the Fifth Amendment.  The Preseaults then filed a claim in the US Court of Federal Claims, which was denied, but later prevailed in their appeal. According to the attorneys for the Preseaults this is the first ever damage award against the United States for property converted from rails to trails. Congratulations to the Preseaults and The Ackerson Group who represented the family.     
Government to Pay Landowners for "Trail Taking"