Liberty Matters News Service

August 5, 2005

Kelo Has Awakened a Sleeping Giant

The Supremes' decision in Kelo v. New London in June has had some unforeseen results; people in all walks of life have suddenly realized their homes are not secure from government seizure and are taking steps to correct the problem. "A property rights revolt is sweeping the nation, and Alabama is leading it," said Republican governor Bob Riley, as he signed the nation's first bill to prohibit local governments from seizing private property to turn it over to other private interests. The Kelo decision has been a wake-up-call for those who have long considered property rights concerns to be "red state" issues. "A recent Wall Street Journal/NBC poll found that Americans cite private property rights as the current legal issue they care most about." Donald Lambro, writing for the Washington Times said; "[T]he property rights movement, which had been somewhat moribund before the court acted, has spawned what many political strategists expect to be a major issue in the 2006 election cycle." Perhaps Pombo and Company better rewrite their Endangered Species Act "reform" to include strong protections for private property.

With Governor's Signature
Alabama Limits Eminent Doman

Massachusetts May Ban Joggers From Refuge

A section of the Great Meadows National Wildlife Refuge near Concord, Massachusetts is off-limits to dogs and now the U. S. Fish and Wildlife Service is considering whether to ban joggers as well. The Service is conducting a study of the impact joggers have on passing birds and have set up cameras to photograph each and every visitor to the Monsen Road area. Joggers are understandably upset. "The area has been used by Concord residents for years, and I haven't seen any abuse," said Robert Hall, leader of the Concord Runners. "I find it hard to believe we are disturbing the wildlife." Dog walkers are furious about the prohibition. "I have walked my dog there every day for 14 years," said Mark Alston-Follansbee. "It's hard for me to believe that my dog will have a greater impact on the wildlife than somebody trying to kill them," he continued. Libby Herland, manager of Great Meadows, rationalized the government's position saying that dogs bother the birds and joggers might, too. If migrating birds confused a jogger with a predator they might fly off before they had lunch, interfering with their nutrition needs and their naps." However, during a recent day of observing birds' reactions to humans, three F&WS interns noted mallard ducks ignored walkers and joggers, only leaving when they felt like it. One wonders if those interns remember history. On April 18, 1775, Paul Revere and William Dawes road through the countryside towards Lexington and Concord warning the farmers and militiamen that the British were coming. Had they known they were fighting for birds, I doubt they would have bothered.

Joggers May Become Endangered Species

Activist Idaho Judge Nixes Cattle Grazing

U.S. District Court Judge Lynn Winmill, a Clinton appointee, has ruled that cattle producers must remove their livestock from nearly one million acres of grazing lands by the middle of August. The judge ignored current studies, which showed a thriving sage grouse population and instead relied upon data from 1987, to justify ruling for the anti-grazing organization Western Watershed Project, who claimed the bird should be listed as an endangered species. The environmental group sued the BLM forcing the ranchers to sit on the sidelines while their livelihoods were argued away. Katie Fite, spokesman for the Western Watershed Project, hailed the decision. "We aren't putting ma and pa rancher out of business here. It's in the long term interest of everybody that the lands in the Jarbridge have healthy sage brush and wildlife on them," she said. While the ruling is obviously of no concern to the Western Watershed people led by Delaware- native Jon Marvel, it will have a significant negative economic impact on not only the eleven permittees and their families, but also upon the surrounding communities that depended upon cattle and agriculture production long before the anti-grazing fanatics arrived on the scene. The Bureau of Land Management can still appeal the judge's decision, however, this is of little comfort to the ranchers who can hardly trust the BLM to argue their case forcefully.

Judge Rules Nearly One Million Acres
Idaho Grazing Case

"Invasive Species" Removed From Highway Bill

Efforts to have the offensive language pertaining to "invasive species" removed from the Senate highway bill appear to have been successful, although, the phrase, "and establishment of native species" found its way into the bill at the last minute. That may or may not be a problem in the future. The term "statewide plant inventories" was replaced with "right of way surveys," another positive change and the term "noxious weeds" instead of "invasive species," was used. The $286.4 Billion highway bill is larded with other "invasive species," however, called "earmarks." Legislators "earmarked" $24 billion for an extra 6,376 local projects, in virtually every congressional district. For example taxpayers are stuck with $8 million for a parking project for New York's Harlem Hospital; $600,000 for horse riding facilities in Virginia; $3 million for dust control mitigation for rural Arkansas and over $941 million in earmarked projects for Alaska, including a $231 million bridge to be named "Don Young's Way." It appears the most dangerous invasive species of all is Congress itself.

Roll Out The Pork Barrel
Highway Bill
Highway Bill Passes

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