Liberty
Matters News Service
February 10, 2005
Arizona Rancher Wins Lawsuit
A
Tucson jury handed fifth generation Arizona rancher, Jim Chilton, a big victory
when it agreed that the Center for Biological Diversity made "false, unfair,
libelous and defamatory statements," regarding management of Chilton's 21,500
acre grazing allotment northwest of Nogales. The Center opposed renewal of
Chilton's Forest Service grazing permit and published a two page press release
in July 2002, containing false statements and posted photos on its website
reportedly showing damage caused by Chilton's cattle. The jury awarded Chilton
$100,000 in actual damages and $500,000 in punitive damages. Chilton described
the Center as unscrupulous stating; "[t]hey don't use science, they use scare
tactics." The suit also named the Center's executive director, Kiernan
Suckling, for setting the tone for the false statements. Suckling whined that
the verdict may have a "chilling effect" on other environmental groups, adding;
"We really feel victimized by a wealthy banker who can afford to hire a large
legal team to nitpick you to death." Suckling said the Center will probably
appeal.
Jury Awards $600,000 to Arizona Rancher
Rancher Winds $600K in Suit Against
Enviros
Petition Launched to Protect Snakehead Fish
County commissioners in
thirteen western states have petitioned the U. S. Fish and Wildlife Service
calling for protection of the northern snakehead fish under the Endangered
Species Act. The fish, native to Asia, garnered attention last year when its
discovery in a Croften, Maryland pond sent Maryland Department of Natural
Resources (MDNR) into panic mode. The snakehead has a voracious appetite and
reproduces rapidly, which led to predictions the interlopers would eventually
devour or crowd out the native fish. The frankenfish, as it is sometimes known,
can also breathe air, allowing it to scamper across land to access other bodies
of water. In fact, it has already been found in the Potomac. Spokesman for the
commissioners, Alan Gardner, of Washington County Utah, said the fish meets the
requirements for listing and does not exist in large numbers in the United
States, similar to the wolf situation. The petitioners want to declare 67
million acres of mostly private land in eleven Eastern states and the District
of Columbia as critical habitat for the creature, including all freshwater
rivers or streams that flow into the Chesapeake Bay as well as their
tributaries. Mr. Gardner says their petition is not out of the ordinary.
"That's something we feel is totally reasonable under the act and how it's
interpreted here in the West." The U. S. Fish and Wildlife Service has ninety
days to decide whether to accept the petition. The snakehead has the same, if
not greater potential, to wreak havoc on the eastern seaboard similar to what
the spotted owl did to westerners fifteen years ago.
Group Making
a Point With "Endangered" Snakehead
Tax Breaks for Easements May be Curtailed
The Joint Committee on Taxation has
recommended reducing tax breaks associated with conservation easements and
historic preservation. The reforms could save the U. S. Treasury $1 billion
over the next ten years, according to the report. "The proposal eliminates the
need to assess valuation, conservation benefits, and private benefits with
respect to a large group of transactions that often provide questionable or
limited public benefits," the report stated. The report is the result of
hearings held in the wake of a series of investigative reports by the
Washington Post uncovering questionable land deals that benefited The Nature
Conservancy bigwigs. Tax deductions would be eliminated for all buildings and
tracts of land that could be used as personal residences. Additionally, for
historic buildings not used as personal residences, the tax benefit would drop
from 100 percent of the estimated cash value to 33 percent. The report also
recommended reducing open land conservation easement benefits from 100 percent
to 33 percent. The tax breaks would apply only if the donor proves the easement
restrictions complied with specific government conservation programs. Finally,
someone understands that conservation easements are destroying our nation, not
protecting it.
Panel Advises Ending Tax Breaks for Easements
Supremes Consider Cave Bug Case
Property Rights advocates are anxiously
waiting word on whether the U. S. Supreme Court will hear arguments on the
"Texas cave bug case," GDF Realty v. Gale A. Norton. It was thought the Court
might make a decision this week, but as of this News Service, there is still no
word. The case revolves around the constitutionality of using the Commerce
Clause as the basis for protecting so-called endangered species. The American
Land Foundation, which initiated the lawsuit, argues the bugs in question have
no commercial value and nothing to do with interstate commerce. "They are not
traded. There is no commercial value. Little critters that live in a cave on
private property cannot be regulated by Congress," explained Dan Byfield,
president of the American Land Foundation. The lawsuit was filed on behalf of
Dr. Fred Purcell, whose attempts to develop his property were thrown into limbo
after an EarthFirster petitioned the government to list the bugs on his land in
1988. Environmentalists claim a decision for plaintiffs would "gut" the ESA.
According to Paul Terrill of Hazen & Terrill, the attorneys for the
plaintiff, it's the misuse of the Endangered Species Act that is gutting the
Constitution and the rights of the millions of landowners.
Travis Cave Bug Case
Could Test U.S. Law