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Tester Announces Changes To Forest Bill

Mon, 08 Feb 2010 22:34:00 -0500

Montana - The Missoulian reports about Tester's changes to his forest bill. My favorite - All Lawsuits Must Go To Mediation Before They Can Go To Court. You can read more here. Will mandatory mediation help resolve more disputes? No. Of course not. The only purpose can be to put another stumbling block in from of plaintiffs. I doubt, however, that it will have any impact. For example, most lawsuits begin with a request for a preliminary injunction. How would this mandatory mediation requirement affect that? The bill also changes the legal test applied by the Federal Courts and requires that judges consider the long term impacts of the proposed project.

Personally, I love it, but the environmental groups are going to fight to stop it for sure.

The Story Behind the Waldo Lake Motorboat Ban

Mon, 08 Feb 2010 22:28:00 -0500

Oregon - Paul Donheffner offers his insight into the story behind the Waldo Lake motorboat ban. He offers his take in the Oregonian. It begins:

The truth behind the Waldo Lake decision

By Guest Columnist

February 08, 2010, 9:00AM

By Paul Donheffner

It's time for some truth about the decision to ban motors on Waldo Lake. As the former state marine director, I think the public deserves to know how this decision was really made.

The ban on motorized boats was decided long before the Marine Board met on Jan. 14. I was called to a meeting with the governor's office on Aug. 19, 2009, and told by Michael Carrier, the governor's natural resource advisor, that "the governor wants the Marine Board to ban motors on Waldo, as soon as possible."

Environmental Lawsuits - More Profitable Work Than Corporate M&A?

Fri, 05 Feb 2010 10:17:00 -0500

Henry Lamb of the Canada Free Press has this outstanding article that shows how the U.S. taxpayers have paid over $4.7 BILLION to environmental groups and their lawyers to sue the government over the past five years. The records show evidence of double, triple, and quadruple billing by attorneys representing environmental groups at rates up to $650 per hour. That's double what corporate lawyers charge and as much or more than most Manhatten superlawyers charge. The article is so good, I'm posting the entire text. Corruption, collusion, or legal thievery By Henry Lamb Tuesday, February 2, 2010 In 2008, the Forest Service issued a land use plan that environmental organizations didn?t like. The Earthjustice Legal Foundation filed a lawsuit on behalf of four environmental groups. The suit took 15 months. The bill to the federal government from Earthjustice was $279,711.40. The Western Environmental Law Center filed another lawsuit challenging the same land use plan. They represented 15 environmental groups and sent the government a bill for $199,830.65. These two outfits claim that seven attorneys spent more than 930 hours (working full time, that?s 116 days), at rates between $300 and $650 per hour. That?s good work if you can get it. Think that?s bad? Read on. In September of last year, the Wildearth Guardians sued the Federal Emergency Management Agency, asking the court to prohibit FEMA from issuing flood insurance to private citizens on 52,535 structures that may lie within the range of an endangered species. The group could not sue individual land owners unless they could prove that the structure caused the death or ?harm? to any endangered species. This suit is designed to block the use of privately owned land, and to collect a handsome fee from the government for doing it. The government keeps no record of these ?environmental? lawsuits. Payments, however, are made from a single budget line item called the ?Judgment Fund.? The Budd-Falen Law firm in Cheyenne, Wyoming has done a yeoman?s job in researching payments made from this fund to environmental organizations. They include: 2003 10,595 payments made Total paid: $1, 081,328,420 2004 8,161 payments made Total paid: $800,450,029 2005 7,794 payments made Total paid: $1,074,131,007 2006 8.736 Payments made Total Paid: $697,968,132 2007 6,595 Payments made Total paid: 1,062,387,142 During these five years, tax dollars have funded environmental groups to the tune of $4.7 billion dollars in attorney fees alone. Another $1.6 million was paid between 2003 and 2005 from the Equal Access to Justice Act. These funds come directly from the agency that loses the suit. This doesn?t begin to include all the direct grants and contracts that are awarded to dozens of environmental groups. A closer look at the nature of these lawsuits is also instructive. Between 2000 and 2009, the Western Watershed Project filed at least 91 lawsuits and 31 appeals. They were awarded more than $1,150,528 for such things as failing to list certain grass species as ?endangered,? and failure to waive photocopy fees for mass document requests. During the same period, the Center for Biological Diversity filed at least 409 lawsuits and 165 appeals. They didn?t win all the cases, of course, they just cluttered the courts and walked away with $941,332, for such things as Endangered Species Act (ESA) challenges for failure to list the killer whale, a butterfly and an earthworm as ?endangered.? These lawsuits are not confined to western environmental organizations. The Sierra Club, the Wilderness Society, the Environmental Defense Fund, the Natural Resources Defense Council, and the National Wildlife Federation have filed a total of 2,034 cases. These lawsuits are often based on alleged procedural wrong doing, rather than on substance. An example of what the greens call ?strategic litigation? is the petition entered by the Wildearth Guardians to list 206 species as endangered. At the same time, the Center for Biological Diversity entered a petition for 225 species to be listed as endangered. There is no earthly way the EPA can issue a finding on 431 species within the 90 days required by law. This is another classic example of the Cloward-Pivin strategy that seeks to demolish a system by overwhelming it. In this case, it is an extremely profitable enterprise for environmental organizations. It is way past time that Congress put an end to this corporate welfare. Many of these environmental organizations boast assets and income in multiple millions, and pay their executives salaries greater than the CEOs of most for-profit corporations. The president of the Environmental Defense Fund, for example, takes home a total of $496,000 per year. The president of the World Wildlife Fund takes home $486,000. These organizations represent what appears to be the worst kind of corruption or collusion, but apparently, it is legal. To the people who pay the taxes, it looks a lot like legal thievery. The people who believe that environmental groups can do no wrong - are wrong; flat wrong. Environmental groups are the worst kind of corporate welfare, feeding at the government trough while doing everything possible to put brakes on economic development. These groups then have the audacity to beg for public donations, claiming to be the only salvation for the future of the planet. Hogwash! Congress should immediately launch a thorough investigation of every environmental organization that has applied for legal fees or federal payments of any kind, to assure the tax payers that their money is not being frittered away just to line the pockets of those who run the wealthy green groups. http://canadafreepress.com/index.php/article/19601

SALAZAR, VILSACK ESTABLISH NEW ADVISORY COUNCIL ON WILDLIFE CONSERVATION AND HUNTING ISSUES

Fri, 05 Feb 2010 10:11:00 -0500

D.C. - The USDA has this press release today about establishing a new advisory council on wildlife conservation and hunting. You can read below.

USDA News Release; 2/4

Release No. 0050.10

Contact:

USDA Office of Communications, (202) 720-4623 Julie Rodriguez, DOI (202) 208-6416 Joshua Winchell, FWS (703) 358-2279

SALAZAR, VILSACK ESTABLISH NEW ADVISORY COUNCIL ON WILDLIFE CONSERVATION AND HUNTING ISSUES

WASHINGTON, Feb. 4, 2010. -- Secretary of the Interior Ken Salazar and Secretary of Agriculture Tom Vilsack were joined by Governor Brian Schweitzer today to announce the creation of the Wildlife and Hunting Heritage Conservation Council (WHHCC), an official advisory group under the Federal Advisory Committee Act (FACA). Secretary Vilsack, Secretary Salazar, and Governor Schweitzer made the announcement at a ceremony at the Theodore Roosevelt Memorial in Washington, DC in tribute to the great president, hunter and conservationist.

"Theodore Roosevelt understood the vital role that hunting plays in American life, as well as the importance of protecting lands and wildlife to sustain that tradition," said Secretary Salazar. "The early efforts of America's hunters and anglers to preserve our nation's wildlife heritage fueled the modern conservation movement and left us the natural bounty we are now entrusted with protecting. In the spirit of Theodore Roosevelt, we are enlisting the help of hunters and anglers to help us confront the conservation challenges of our time so that our children and grandchildren can have the same opportunities to experience wildlife and the great outdoors that have been passed along, generation to generation."

"Today's conservation challenges demand that we all step forward and embrace the important work necessary to maintain and conserve the wildlife habitat and water resources that are so important to America's hunting and angling heritage," said Secretary Vilsack. "The Wildlife and Hunting Heritage Conservation Council represents an opportunity to expand our partnership with conservation organizations that will improve the health and management of America's public and private lands."

The new federal advisory Council will help to promote and preserve America's hunting heritage for future generations. The Council will also provide a forum for sports men and women to advise the Federal government on policies related to wildlife and habitat conservation endeavors that (a) benefit recreational hunting; (b) benefit wildlife resources; and (c) encourage partnership among the public, the sporting conservation community, the shooting and hunting sports industry, wildlife conservation organizations, the States, Native American tribes, and the Federal government.

Salazar noted that the revenue generated from hunting licenses, duck stamps and excise taxes on firearms, ammunition and archery equipment provides billions of dollars to purchase and maintain habitat for wildlife across the nation. Revenues also provide the principal source of funding for state wildlife agency conservation work.

The new Council replaces and improves upon the previously existing Sporting Conservation Council by expanding membership to include the archery, hunting and shooting sports industries, as well as including broader representation from the nation's major hunting organizations.

The WHHCC's charter also more clearly defines its responsibilities in supporting the public, the sporting conservation community, the shooting and hunting sports industry, wildlife conservation organizations, and the state and federal governments.

"Hunters are some of our nation's most influential conservationists, and through their license and equipment purchases, they are foremost funders of state fish and wildlife agencies' programs to restore and safeguard wildlife and their habitats," said Ron Regan, Acting Director of the Association of Fish and Wildlife Agencies. "The Association looks forward to serving on the new Wildlife and Hunting Heritage Conservation Council and helping to ensure that the next generations of sportsmen and women enjoy the benefits of our great outdoors." The AFWA executive director will serve as an ex officio member of the council representing state wildlife agencies.

The five federal agencies playing a key role in supporting and maintaining America's hunting heritage - the U.S. Fish & Wildlife Service, Bureau of Land Management, U.S. Forest Service, Natural Resource Conservation Service, and Farm Service Agency - will appoint organizational members to the Council to provide additional support, guidance and coordination.

As the lead federal agency responsible for wildlife and habitat management - in addition to its long history of working collaboratively with the hunting community - the U.S. Fish and Wildlife Service will provide coordination and administrative support for the Council. The Service has a proven record of experience in providing oversight and support for the Sport Fishing and Boating Partnership Council - a similar FACA committee that provides recommendations and oversight to the Secretary of the Interior on fishing and boating issues.

Two notices will be published in the Federal Register on Friday, February 5, 2010 concerning the Council: one announcing the termination of the Sporting Conservation Council (SCC) and the other announcing its replacement by the Wildlife and Hunting Heritage Conservation Council

(WHHCC) and seeking nominations for the new WHHCC.

Through its many agencies, USDA works to sustain the health, diversity, and productivity of the 193 million acres in the National forests and grasslands and leads efforts to help America's private land owners and managers conserve their soil and water. The U.S. Department of the Interior protects America's natural resources and heritage, honors our cultures and tribal communities, and supplies the energy to power our future.

A podcast of today's announcement will be available at the URL below later today http://doi.gov/news/podcasts/ # USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, 1400 Independence Ave., S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).

Ax Men On The E Channel

Wed, 03 Feb 2010 22:56:00 -0500

Hollywood - Ax Men, the History Channel show, has made it big. Clips have now made it onto E's The Soup. You can check out the clip here.

Oregon Man Sues Forest Service Over Falling Tree

Wed, 03 Feb 2010 22:52:00 -0500

Oregon - Bert Fernandez has filed suit against the Forest Service after at tree fell on his truck in the Rogue River National Forest. Apparently Bert and his attorney feel that the Forest Service is supposed to cut down those dead and dying trees before they fall. You can read more at the Oregonian.

Democrats Seek To Stop Implementation of Ouachita NF Travel Plan

Tue, 02 Feb 2010 10:19:00 -0500

Arkansas - Democrats Representative Mike Ross and Senator Mark Pryor are pressuring Agriculture Secretary Vilsack to stop any implementation of the Ouachita National Forest Travel Management Plan citing adverse economic impacts. The travel plan significantly cuts recreational access on the forest. The two Democrats authored a letter to the Secretary, which follows below:

January 29, 2010

The Honorable Tom Vilsack

Secretary

U.S. Department of Agriculture

1400 Independence Ave, SW

Washington, DC 20250

Dear Secretary Vilsack:

We are writing to express our disappointment, frustration and serious concern over the recently released Ouachita National Forest Travel Management Plan and its impact on the residents of Arkansas. Not only do we believe the plan will have negative economic consequences on our local communities during these tough economic times, but we are also concerned about the development process for the plan, which has frustrated all who have worked diligently to draft a common sense solution. We are requesting an immediate, comprehensive review of this plan - including its potential economic consequences - and your personal attention to the process in which the plan was developed.

The Ouachita National Forest comprises almost 1.4 million acres in Arkansas, most of which is located in the Fourth Congressional District, which I represent in the U.S. House of Representatives. On January 4, 2010, Ouachita National Forest Supervisor Norm Wagoner signed a travel management plan that would drastically reduce motor vehicle and off highway vehicle travel in the forest. We believe these restrictions will have a tremendous impact on Arkansas residents, small businesses and a great number of tourists who visit the national forest from neighboring states.

This impact will be felt no greater than in Mena, Arkansas. Early last year Mena was devastated by an EF-3 tornado. As Mena continues to rebuild, it faces economic uncertainty with the implementation of this travel management plan. In recent years, Mena's economy has benefitted greatly from hosting all terrain vehicle (ATV) riders and other visitors to the Ouachita National Forest and, in particular, the Wolf Pen Gap Trail.

Constructed in 1991 by the United States Forest Service, the Wolf Pen Gap Trail allows ATV riders to access an array of areas in the Ouachita National Forest, including high mountain vistas, scenic Gap Creek and Board Camp Creek. The trail features forests of large pines and hardwoods and the trail system loops are connected to accommodate riders who want to vary the length of their trips. The trail allows riders to experience the best Ouachita National Forest has to offer.

With the initial encouragement of the United States Forest Service, a tourism industry based on ATV usage has flourished. In recent years, the forest has hosted an estimated 17,000 annual ATV riders, including many from the surrounding states of Oklahoma, Missouri, Kansas, Louisiana and Texas. With the newly signed travel management plan, the Forest Service has taken drastic measures to completely restrict forest access to ATV riders.

City and county officials and local business owners have made repeated requests in recent years to work with the Forest Service to develop a system of trails that will preserve ATV ridership while encouraging strong environmental stewardship, serving the interests of the Forest Service and the needs of the local community. Arkansans understand that the Ouachita National Forest provides them with an economic benefit and want to ensure that its unique beauty is preserved for future generations.

Therefore, we hereby request the implementation of the Ouachita National Forest Travel Management Plan be suspended immediately until local, state and federal officials have time to study the plan's economic impact. In the meantime, we encourage Ouachita National Forest officials to engage with local officials and key stakeholders in the area in order to find a more common sense solution that maintains ATV ridership while sustaining the natural beauty and environmental health of our national forest.

Sincerely,

Mike Ross

Mark Pryor

9th Circuit Rules In Favor Of Forest Service Regarding Lord Flat Trail

Fri, 29 Jan 2010 10:55:00 -0500

Oregon - The Hells Canyon Preservation Council ("HCPC") filed suit to force the Forest Service to shut down any part of the Lord Flat Trail to motorized access where it enters the Hells Canyon Wilderness Area. HCPC claimed the trail is situated within the wilderness. District court held that all of the council’s claims were barred by the statute of limitations. The 9th Circuit agreed. The LaGrande Observer reported:

In 2004, HCPC again brought suit against the Forest Service for allowing motorized vehicles to continue using the trail. Through a series of arguments about standing and statutes of limitations, the District Court of Oregon and then the Ninth Circuit Court of Appeals on Jan. 25 found that “Plaintiffs do not have standing on a claim that a copy of a map of the wilderness boundary was insufficient for the original map.’’

The statute of limitations for issues regarding the wilderness boundary description expired six years after 1981, when notice of the boundary description was published in the Federal Register.

A claim that the Forest Service has violated the Wilderness Act by failing to close the trail to motorized use was found to be not sufficiently stated.

Jeanne Higgins Leaving Cheq/Nic National Forest

Wed, 27 Jan 2010 18:36:00 -0500

Wisconsin - The outstanding Forest Supervisor for the Chequamegon-Nicolet National Forest, Jeanne Higgins, today sent this email out to colleagues and forest stakeholders announcing her departure from the forest.

Some of you have already heard that I will be leaving Wisconsin at the end of February. Last week I accepted a transfer to the Humboldt-Toyiabe National Forest in Eastern California and Nevada. It is with very mixed emotions that I leave Wisconsin. My time here on the Chequamegon-Nicolet NF has been some of the most rewarding of my career. Your passion for the northwoods of Wisconsin and your interest and willingness to work together to try and find solutions to the many issues that face our forests has been very inspiring. I know that we do not all agree on how our forests should be managed and our values may be somewhat different but one value I know we all share is that we care about our forests and want them to be healthy for whatever they provide for us.

This move will allow me to be closer to my family which I am very grateful for. The importance of family is another one of those values I am sure we all share.

I hope to see many of you before I depart the State, but if not I wish you the best until we meet again.

Jeanne Higgins

Forest Supervisor

Chequamegon-Nicolet National Forest

I know that everyone wishes Jeanne the best out out west. At least the weather will be better!

Groups Challenge Salmon-Challis National Forest Travel Plan

Tue, 26 Jan 2010 10:08:00 -0500

Idaho - Environmental groups, led by the Idaho Conservation League, have filed suit in federal court challenging the Forest Service's approval of the Travel Management Plan the Salmon-Challis National Forest. It appears that groups are angry that the Forest Service ignored their satellite photos that they claim show additional miles of roads and trails. Most recently, however, a court in Minnesota rejected a similar challenge to the Superior National Forest Plan, deferring instead to the agency's interpretation of its road and trail data. You can read more at Courthouse News Service and view the Complaint here.