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  • The Federal Fault of Land Grabbing

    GIVE US BACK OUR STATE LAND

    LET OUR PEOPLE GROW and farm, and sow,, and reap, and ranch, and mow, and harvest, and log, and mill, and mine, and build, and manufacture, and create jobs.

    It is our heritage, it is who we are and what we do, it is our way of life, it is our source of employment and income, it provides our shelter, the roof over our heads, food on our tables and heat from our hearth, indeed it has been  the  lot of our lives for many generations of American  families.

    We are American citizens. We had sovereign enabling state land. We were and are public and private property owners. We the people were and are the best stewards and caretakers of our state and private land.

    So we saw that there is nothing better for a person than to enjoy their work, because that is their lot That each of them may eat and drink, and find satisfaction in all their toil. We know that there is nothing better for people than to be happy and to do good while they live

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    February 26, 2016 Toni Webb is a candidate for Commissioner of Josephine County, Oregon

    THIS IS SNIPPET OF HER STORY… Oregon candidate exposes social, economic catastrophe caused by federal control in Josephine County

    TO: Candidates running for President of the United States

    This letter is to inform you of the struggles faced by the people of Josephine County, Oregon, due to ongoing problems with the federal government’s control of our public land, including our once-productive forests. Bad policies and misguided management by federal agencies such as the Environmental Protection Agency, U.S. Forest Service and the Bureau of Land Management, have left our rural county economically and socially devastated.

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    How can  the American people prosper and gain from their toil?

    When Obama’s executive orders, his anointed appointed and  non-government agencies including appointed judges, use every trick in the book, by hook or by crook to grab, control, restrict, regulate and prohibit  all private and state public land use?

    How can  the American people prosper and gain from their toil?

    START HERE

    American Lands Council – A Constitutional Means To Financial …

    www.freedomworks.org/…/americanlandscouncil-consti…

    FreedomWorks

    Nov 29, 2013 – Federal Lands Map The American Lands Council recently came to Oregon to discuss the dichotomy … There is a Federal Fault Line between states that had their lands granted to them after statehood and those that didn’t;.

    States that had their lands granted to them after statehood?

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    Read this…

    The ENABLING ACT February 22, 1889

    Posted on March 9, 2014 11:10 am by Pearl Rains Hewett Comment

    Way back then, the Federal Government  and the elected representative gave to and enabled American citizens,  they made  donations of public lands to such states.

    Moving forward 125 years, “We the People” of Washington State (the Western United States), are in a battle with the Federal  and state Governments  and our elected representative struggling to preserve, protect,  maintain the use of,  intent and purpose of the  public lands that were given to us in TRUST.

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    How can the American people prosper and gain from their toil?

    JUST GIVE US BACK OUR STATE LAND?

    IF ONLY IT WAS THAT EASY….. REMEMBER THIS PART?

    Obama’s  executive orders, his executive land grabs, his federally anointed appointed and  NON-GOVERNMENT agencies including appointed judges, use every trick in the book, by hook or by crook to grab, control, restrict, regulate and prohibit all private and state public land use?

    Executive Orders Matter

    Posted on October 5, 2015 6:22 am by Pearl Rains Hewett Comment
    EXECUTIVE ORDER 13514, CLIMATE CHANGE Federal Leadership in Environmental, Energy, and Economic Performance, establishes an integrated strategy for sustainability within the Federal Government. Under the Executive Order, each agency is required to evaluate their climate change risks and vulnerabilities to manage the effects of climate

    ——————————————-
    CLIMATE CHANGE: OBAMA EXECUTIVE ORDER 13514
    Things that matter TRUTH AND POLITICS
    IT’S AS EASY AS ONE, TWO THREE…
    (1) FEDERAL Planning Steps Set a Mandate
    The Obama administration estimated the emissions limits will cost $8.4 billion annually by 2030.
    OBAMA’S RULE ASSIGNS CUSTOMIZED TARGETS TO EACH STATE
    “CLIMATE CHANGE WILL NOT BE SOLVED BY GRABBING POWER FROM STATES or slowly hollowing out our economy,” Bush said.
    ———————————————————————————-
    (2) STATE Planning Steps Set a Mandate
    THE ACTUAL PRICE WON’T BE CLEAR UNTIL STATES DECIDE HOW THEY’LL REACH THEIR TARGETS THEN LEAVES IT UP TO THE STATE TO DETERMINE HOW TO MEET THEM.
    IF STATES REFUSE TO SUBMIT PLANS, THE EPA HAS THE AUTHORITY TO IMPOSE ITS OWN PLAN

    (3) 2015 COUNTY Planning Steps Set a Mandate

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    BLM Bureau of Land Mismanagement

    Posted on February 29, 2016 9:33 am by Pearl Rains Hewett Comment

    February 26, 2016 Toni Webb’s  story is here… OREGON CANDIDATE EXPOSES SOCIAL, ECONOMIC CATASTROPHE CAUSED BY FEDERAL CONTROL IN JOSEPHINE COUNTY

    Liz and I both saw this … As the history of our three counties in three different states. Washington State, Oregon and Calif. Liz Bowen is from Siskiyou County, Calif. Pie N Politics Pearl Rains Hewett is from Clallam County WA

    I hope that you, as candidates for President of the United States, will seriously consider why the effort to transfer the ownership and control of public lands back to western states, like Oregon, IS SO CRITICAL TO OUR SURVIVAL.

    Dept. of Interior Deterioration

    Posted on May 4, 2014 10:32 am by Pearl Rains Hewett Comment

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    Our Public Land Heritage: From the GLO to the BLM

    The document is only 27 pages of how the federal government turned
    The GLOW of the Act Establishing Yellowstone National Park (1872) – Our ..

    AS A PUBLIC PARK OR PLEASURING GROUND FOR THE BENEFIT AND ENJOYMENT OF THE PEOPLE. INTO A OBAMA’S PERSONAL AGENDA. grabbing of our public land for conservation and protection under federal lands.

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    SHALL I GO ON….

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND …

    Calif. Farmers High Dry and Destitute

    Posted on February 29, 2016 8:52 pm by Pearl Rains Hewett Comment

    Calif. Farmers HIGH, DRY AND DESTITUTE

    Obama admin allocates water for endangered fish, leaves …

    m.washingtontimes.com/news/2016/feb/24/obam

    The Washington Times

    Logo: The Washington Times · Home · NewsObama admin allocates water for endangered fish, leaves California farmers high and dry … Wednesday, February 24, 2016 … some farmers are looking at another year of a zero federal water … “We’ve got to not only take a look at providing project [water] yield, we’ve also got …

    Washington State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND DESTITUTE by WA State DOE WATER RULES.

    SO WHAT’S NEW? ENDANGERED FISH BEFORE FARMERS, FOOD AND THE ECONOMY.

    YEP… AGAIN AND STILL, FLUSHING TRILLIONS OF GALLONS PEOPLE WATER DOWN THE ENDANGERED SPECIES TOILET.

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    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotus-water-runs-down-hill/

    Sep 4, 2015 – WOTUS rule – Pacific Legal Foundation https://www.pacificlegal.org/wotus. Pacific Legal Foundation PLF Principal Attorney M. Reed Hopper, …

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      Category Archives Public Access to Public land

      WOW Stop the 2016 WILD OLYMPICS

    Posted on April 23, 2016 8:08 am by Pearl Rains Hewett

     

    ENUF… ONE LAST QUESTION

    Behind My Back | Are You A Normal Person?

    www.behindmyback.org/2015/05/18/are-you-a-normalperson/

    May 18, 2015 – If you‘re a normal person, you‘d answer “yes, people usually are more important … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.


  • Calif. Farmers High Dry and Destitute

    Calif. Farmers HIGH, DRY AND DESTITUTE

    Obama admin allocates water for endangered fish, leaves …

    m.washingtontimes.com/news/2016/feb/24/obam
    The Washington Times

    Logo: The Washington Times · Home · NewsObama admin allocates water for endangered fish, leaves California farmers high and dry … Wednesday, February 24, 2016 … some farmers are looking at another year of a zero federal water … “We’ve got to not only take a look at providing project [water] yield, we’ve also got …

    Washington State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND DESTITUTE by WA State DOE WATER RULES.

    SO WHAT’S NEW? ENDANGERED FISH BEFORE FARMERS, FOOD AND THE ECONOMY.

    YEP… AGAIN AND STILL, FLUSHING TRILLIONS OF GALLONS PEOPLE WATER DOWN THE ENDANGERED SPECIES TOILET.

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    New post on Pie N Politics

    Feds allocate water for endangered fish, leave Calif. farmers high and dry
    by Liz Bowen
    By Valerie Richardson – The Washington Times
    Wednesday, February 24, 2016
    Despite wetter-than-average weather in California, some farmers are looking at another year of a zero federal water allocation even as the billions of gallons of water continue to be dumped into the ocean in order to save a three-inch fish.
    The worst part for many lawmakers at Wednesday’s House subcommittee hearing is that the Delta smelt remains as vulnerable as ever after the loss of 1.4 trillion gallons of water since 2008 under the federal Endangered Species Act.

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    PLEASE CLICK ON  AND LISTEN TO THE

    subcommittee hearing

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    High, Dry and Destitute

    Posted on by Pearl Rains Hewett

    Fish Before People Regardless of Cost

    Fish Before People Regardless of Cost

    The court held that the protection of EVERY ENDANGERED SPECIES is the highest priority of the federal government, REGARDLESS OF THE COST.

    California’s worst drought in 1200 years in pictures – BBC.com

    FARMERS BEFORE FISH?

    Pacific Legal Foundation, CHALLENGED, sought Supreme Court review, but the High Court denied, it set up reconsideration of the Supreme Court’s  ruling…..

    the court held that the protection of every endangered species is the highest priority of the federal government, regardless of the cost. The result has been a heavy-handed, top-down bureaucracy that frustrates human interests and species conservation.

    Status: On July 23, 2014, the Ninth Circuit Court of Appeals denied rehearing before the entire court, leaving an adverse ruling from March in place. PLF attorneys filed a petition for certiorari on September 30, 2014. The petition was denied on January 12, 2015.

    ——————————————————————————————————————–Pacific Legal Foundation, a bit of unedited text..

    Stewart & Jasper Orchards v. U.S. Fish and Wildlife Service
    Issue: Representing several California farmers, PLF attorneys are challenging the biological opinion (BiOp) by federal agencies used to restrict water deliveries from the Sacramento-San Joaquin Delta in order to protect the Delta smelt, a small fish listed under the Endangered Species Act. In 2012, PLF previously sought Supreme Court review of the case on a Commerce Clause challenge because smelt are in intrastate species, but the High Court denied cert. With a recent adverse ruling at the Ninth Circuit on the biological opinion, it sets up reconsideration of the Supreme Court’s TVA v. Hill decision, relied on by the Ninth Circuit to uphold the smelt BiOp. In TVA v. Hill, the court held that the protection of every endangered species is the highest priority of the federal government, regardless of the cost. The result has been a heavy-handed, top-down bureaucracy that frustrates human interests and species conservation.

    Status: On July 23, 2014, the Ninth Circuit Court of Appeals denied rehearing before the entire court, leaving an adverse ruling from March in place. PLF attorneys filed a petition for certiorari on September 30, 2014.

    The petition was denied on January 12, 2015.

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    Complex and contradictory laws, and court decisions, and regulations have made it nearly impossible for water to flow and our communities to grow

    Indeed, a  growing number of communities across the West have become impacted by severe drought conditions,

    Washington State Declares Drought Emergency

    www.huffingtonpost.com/…/washingtondrought-e
    The Huffington Post

    May 15, 2015 – Drought isn’t just a California problem, folks. Washington Gov. Jay Inslee declared a statewide drought emergency on Friday

    ————————————————————————————————–

    How complex is this?

    The court held that the protection of EVERY ENDANGERED SPECIES is the highest priority of the federal government, REGARDLESS OF THE COST.

    ———————————————————————————————————

     As House Majority Leader Kevin McCarthy explained, “California is enduring its worst drought in 1,200 years, and a growing number of communities across the West have become impacted by severe drought conditions.”

    This week, the House will consider a bill to address water policies in California and the West:

    What happened to this?

    Western Water and American Food Security Act (HR 2898)

    Pie N Politics In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
    Liz Bowen | February 29, 2016 at 6:42 pm | Categories: CA. Congressman Tom McClintock, Endangered Species Act, Federal gov & land grabs, Politicians & agencies, Water, Resources & Quality | URL: http://wp.me/p13fnu-6xm
    Comment See all comments

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    Dec 4, 2015

    Behind My Back | Congress Must Act on Water Issues

    www.behindmyback.org/2015/12/04/congressmust-act-on-water-issues/

    Dec 4, 2015Congress Must Act on Water Issues May 24, 2014 It takes an act of the U.S. … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.

    Comment


  • WA State Reform on Wetland Delineation?

    Re: WA State Legislative reform ideas for SMPs and wetlands delineation update?

    Dear Rene’, Hello our/my elected Federal, my elected WA State representative, Clallam County Commissioners,  Mary and Connie,

    I received emails from Rene’ in Eastern WA (full text at the bottom)

    Re: WA State Legislative reform ideas for SMPs and wetlands delineation update?

    A WETLAND IS A WOTUS “Water Of The United States”

    Our Olympia representatives have “NEVER” supported wetlands delineation reform.

    OUR WA State legislators “DID NOT OBJECT” to WOTUS federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)
    Washington State attorney General “DID NOT” file a law suit against WOTUS on behalf of the citizens of WA State.

    ——————————————–

    Wetland delineation is also an element of a “jurisdictional determination. ... A WETLAND IS A WOTUS “water of the United States” and thus regulated under the federal Clean …

    Wetland delineation establishes the existence (location) and physical limits (size) of a wetland for the purposes of federal, state, and local regulations.

    Wetland delineation is also an element of a “jurisdictional determination.” This process identifies which water bodies within a project’s boundaries meet the definition of “waters of the United States.” For more information on this, see the Corps’ of Engineers (Corps) Regulatory Guidance Letter 08-02, Jurisdictional Determinations.

    Remember that the Corps, not applicants or their consultants, determines whether or not a wetland is a “water of the United States” and thus regulated under the federal Clean Water Act (CWA). If the Corps determines that a wetland is not subject to the CWA, the wetland may still be a “water of the state” and subject to regulation by Ecology as well as by local jurisdictions. Ecology regulates wetlands determined by the Corps to be non-jurisdictional due to their isolation from navigable waters. > More on Isolated Wetlands

    ———————————–

    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)

    ———————————————————-

    September 3, 2015

    What’s Up with WOTUS? – News | Agweb.com

    www.agweb.com/…/whatsup-with-wotus-NAA-university-news-release/

    What does the temporary injunction of WOTUS mean for farmers? … What’s Up with WOTUS? September 3, 2015 05:57 AM …

    —————————————————

    September 4, 2015

    PLF lawsuit on WOTUS

    Posted on September 4, 2015 9:46 am by Pearl Rains Hewett
    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” (WOTUS) power grab

    ——————————————————————

    September 4, 2015

    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotuswater-runs-down-hill/

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    ———————————————————

    January 22, 2016 THE GOOD NEWS WAS….

    WOTUS rule – PLF Liberty Blog – Pacific Legal Foundation

    blog.pacificlegal.org/tag/wotusrule/

    Congress and Obama clarify their positions on the WOTUS rule, and it doesn’t look good for the President. Posted on January 22, 2016 by Todd Gaziano.

    January 22, 2016 THE BAD NEWS IS…

    PRESIDENT OBAMA VETOED THE LEGISLATION A DAY LATER.

    SO WHERE DO WE GO FROM HERE?

    REGARDING Legislative reform ideas for WA STATE SMPs and wetlands delineation update?

    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    ——————————————————————————

    The EPA’s enforcement tactics for WETLANDS

    EPA’s abuse of the Sacketts inspires latest thriller by CJ Box

    www.pacificlegal.org › Home › News & Media
    Pacific Legal Foundation

    Mar 12, 2013 – “EPA is not above the law — that’s the bottom line with the Sacketts‘ Supreme Court victory,” said PLF Principal Attorney Damien Schiff, who …

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     EPA’s enforcement tactics for oil and gas producers.

    EPA Official: EPAs “philosophy” is to “crucify” and “make …

    https://www.youtube.com/watch?v=ze3GB_b7Nuo
    Apr 25, 2012 – Uploaded by Senator Jim Inhofe

    A video from 2010, which shows a top EPA official, Region VI Administrator Al Armendariz, using the vivid metaphor of crucifixion to explain EPA’s enforcement tactics for oil and gas producers.

    ————————————————————————-

    START HERE…

    WHERE EVERYTHING FEDERAL STARTS….

    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotuswater-runs-down-hill/

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    —————————————————————–

    PLF UNDERSTANDS THE GRAVITY OF (WOTUS)

    WOTUS – Pacific Legal Foundation

    https://www.pacificlegal.org/wotus
    —————————————————-

    snippet..

    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

    ————————–

    THIS IS A SCIENTIFIC FACT!
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology “DID”  ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that shall fall under the WOTUS Environmental Protection Agency Clean Water Act and become subject to EPA review and control.

    ——————————————————————————

    Full text of emails received from Rene” on this

    Subject: Legislative reform ideas for SMPs and wetlands delineation update
    —– Original Message —–
    From: Appy Holadays Sport Horses
    To: ddashiell@co.stevens.wa.us ; wesm03828@gmail.com
    Sent: Wednesday, February 10, 2016 5:51 PM
    Subject: Legislative reform ideas for SMPs and wetlands delineation update
    Hello Commissioners,

    I would appreciate it if you could forward this email to Steve Parker as well, since I don’t have his email address on hand. As SMPs are starting to be formed in this County, I hope our State can move in this direction, described below, instead. Below are some good ideas I wanted to provide for you to think about, as the State CAPR Director, Glen Morgan has sent this to all the CAPR groups for info.

    We hope to have Glen Morgan and Licensed Hydrogeologist, Steve Neugebauer over here again this spring to help with the SMPs and related issues. If either of you would want to attend, let me know and I will be sure to send you an invitation with time and date.

    In the meantime, we have taken Don’s advice to get the wetland delineation removed from the Potter’s property through licensed hydrogeologist, Steve Neugebauer, and actual “Wetland Specialist”, Rone Brewer who both worked together and provided a complete wetlands determination that was 218 pages in length.

    However, now the Planner is not willing to write the letter that can be recorded with the County that verifies that there is not in fact a wetland on the Potter’s property. While that is the conclusion that you had advised we move toward, the Planner is refusing to cooperate with writing the letter of verification. We would appreciate your help with this issue, as it was your direction that we have been taking and have now completed.

    Apparently Connee Potter has tried a few times to set an appointment with Don, but has not heard back from him yet. So if you could please respond asap, we would like to get this wrapped up.

    Thank You,

    Rene’ Holaday

    Stevens County CAPR, Chapter 15
    —–Forwarded Message—–
    From: Scott Shock
    Sent: Feb 10, 2016 9:55 AM
    To: ‘Cindy Alia’ , Glen Morgan , capr-gov@lists.celestial.com
    Subject: [capr-gov] Legislative reform for shorelines and property rights in Wisconsin

    FYI:

    http://www.washingtontimes.com/news/2016/feb/9/assembly-to-vote-on-water-development-property-rig/

    Assembly approves water development, property rights bills

    By TODD RICHMOND – Associated Press – Tuesday, February 9, 2016

    MADISON, Wis. (AP) – Shoreline property owners would have more leeway to dredge and build structures on bodies of water under legislation the Wisconsin Assembly advanced Tuesday despite concerns from minority Democrats that the proposals would harm the state’s waters.

    The bill would make sweeping changes to statutes and regulations governing construction in water bodies, with one of the biggest changes involving waters designated as areas of special natural resource interests, or ASNRIs.

    Under current law, such areas include waters of significant scientific value that contain endangered or threatened species, wild rice waters, ecologically significant coastal wetlands along Lakes Michigan and Superior and wild or scenic rivers. Construction permits in such areas require builders to meet a long list of standards.

    The bill would remove the requirement that an ASNRI have significant scientific value and prevent the Department of Natural Resources from designated an ASNRI based on scientific value without legislative approval beginning in 2017.

    The legislation also includes changes that would make dredging and filling wetlands easier.

    The bill would create a general permit authorizing shoreline property owners to dredge 25 cubic yards of material from an inland lake and 100 cubic yards of material from outlying waters annually. The DNR’s review of alternatives to filling wetlands would be limited to options consistent with the scope of the project and maintenance work on roadside ditches that affects wetlands could be done without a permit.

    The measure’s authors, Rep. Adam Jarchow of Balsam Lake and Sen. Frank Lasee of De Pere, contend the measure will cut red tape, clarify regulations and puts more power in property owners’ hands. A host of business associations, including Wisconsin Manufacturers and Commerce, the state’s largest business group, and the Wisconsin Builders Association, support the bill.

    A number of environmental groups, including Clean Wisconsin, the Clean Lakes Alliance and the state’s Sierra Club chapter, oppose it. Assembly Democrats railed against the bill on the chamber floor, warning the measure gives shoreline property owners permission to damage water bodies and aquatic habitats.

    “You do not go into a body of water with a general permit and start dredging things up and think you’re making things better,” Rep. Chris Danou, D-Trempealeau, said. “This is bad for Wisconsin. This is bad for Wisconsin’s outdoor heritage. It will damage things.”

    Republicans control the chamber, thought, and in the end lawmakers adopted the bill on a 57-39 vote. The bill goes next to the state Senate.

    The Assembly also passed another bill Tuesday sponsored by Jarchow and Lasee that would expand property owners’ rights. The measure prohibit counties from imposing development moratoriums, forbid municipalities from blocking property owners from selling or transferring the title to their land and block counties from regulating repairs on structures legally located in shore land setback areas.

    The bill also would require judges to resolve any question about the meaning of a zoning ordinance in favor of property owners. Undeveloped land zoned for residential, commercial or manufacturing use would be taxed at 50 percent of its value.

    The Assembly passed that bill on a 56-39 vote with almost no debate. It now goes to the Senate as well.

    ___

    Follow Todd Richmond on Twitter at https://twitter.com/trichmond1

    Copyright © 2016 The Washington Times, LLC.

    From: Google Alerts [mailto:googlealerts-noreply@google.com]
    Sent: Wednesday, February 10, 2016 8:07 AM
    To: Scott S. Shock
    Subject: Google Alert – “eminent domain” OR “regulatory taking” OR “property rights” seattle OR “king county” OR washington

    “eminent domain” OR “regulatory taking” OR “property rights” seattle OR “king county” OR washington

    Daily update ⋅ February 10, 2016

    NEWS

    Assembly to vote on water development, property rights bills

    Washington Times

    MADISON, Wis. (AP) – The state Assembly is poised to vote on a pair of bills that would ease water body development regulations and expand …

    Flag as irrelevant

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    Capr-gov@lists.celestial.com
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    —————————————————————–

    THIS IS A VERY LONG POST…

    WATER HAS BEEN RUNNING DOWN HILL FOR A VERY, VERY, LONG TIME…

    if you are interested in reading the full 4800 word text go to behindmyback.org

    Continue reading here if you are interested more…

    ———————————————————————————–

    PLF lawsuit on WOTUS

    Posted on September 4, 2015 9:46 am by Pearl Rains Hewett
    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” (WOTUS) power grab

    Judge blocks Obama EPA rule as federal power grab over state waters A federal court has granted 13 states a stay on the orders while it examines a lawsuit.
    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    WA STATE IS NOT PART OF THE Pacific Legal Foundation (PLF) WOTUS LAWSUIT

    ———————————————————————————

    Washington State Wetlands Identification and Delineation …

    www.ecy.wa.gov/biblio/9694.html

    ———————————————-

    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)
    ———————————————————————————

    What’s Up with WOTUS? – News | Agweb.com

    www.agweb.com/…/whatsup-with-wotus-NAA-university-news-release/

    What does the temporary injunction of WOTUS mean for farmers? … What’s Up with WOTUS? September 3, 2015 05:57 AM …
    Implementation of the Clean Water Rule: Definition of “Waters of the United States” (usually referred to as the WOTUS rule) was set to become effective on August 28, 2015. Several lawsuits were filed by agricultural groups, among others, requesting a preliminary injunction, or order, to halt the rule’s implementation until lawsuits could be settled. Late in the afternoon on August 27, a District Court judge in North Dakota issued a preliminary injunction stopping the WOTUS rule from going into effect for thirteen states, including Nebraska.
    FOR ALL OTHER STATES WHO DIDN’T HAVE PRELIMINARY INJUNCTIONS ISSUED, THE RULE TOOK EFFECT AS PLANNED ON AUGUST 28, 2015.

    Why were lawsuits filed against the EPA and Army Corp of Engineers (CORP) following release of the final WOTUS rule? Several lawsuits were filed following publication of the final WOTUS rule in the Federal Register.

    Twenty-seven states, along with industries from petroleum to construction, and agricultural groups such as the American Farm Bureau Federation, National Cattlemen’s Beef Association, National Corn Growers Association, and National Pork Producers Council all filed separate lawsuits. These numerous lawsuits have since been consolidated into a single lawsuit that identifies three arguments for vacating the rule.

    The first argument is that the finalized WOTUS rule exceeds the intended purposes of the Clean Water Act and represents an unconstitutional overreach by the federal government on land. Second, the rule-making process is designed to give the public an opportunity to comment on all aspects of a rule. In this case, EPA added items to the final rule that were not in the proposed rule.

    The third, and perhaps most concerning argument, is that the EPA may have inappropriately worked with environmental activists to lobby for the rule and support the agency’s agenda. If true, this represents an abuse of the federal rulemaking process by the EPA.

    ————————————————————————
    BELOW IS THE LINK TO THE 136 PAGE FEDERAL MANUAL

    Federal Manual for Identifying and Delineating Jurisdictional

    https://www.fws.gov/…/wetlands/i…
    United States Fish and Wildlife Service
    Jan 10, 1989 – cally Corps of Engineers Wetlands Delineation Manual, EPA’s Wetland Identification … Federal Interagency Committee for Wetland Delineation.

    ———————————————————————————–

    full text provided for your convenience

    Behind My Back | WOTUS “Water Runs Down Hill”

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment
    WOTUS Water Runs Down Hill

    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    —————–
    USGS WATER SCIENCE SCHOOL ” water returns to the earth from precipitation falling on the land, where “GRAVITY” either takes it into the ground as infiltration or it begins RUNNING DOWNHILL as surface runoff”

    ——————————-
    USGS WATER SCIENCE SCHOOL “NO MATTER WHERE ON EARTH WATER IS, IT TRIES TO FLOW DOWNHILL”

    (SO DO WETLAND WATERS JUST SEEP DOWNHILL?)

    ———————————-
    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

    ————————–
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    —————————–
    Indeed, science has proven that each water basin has its own land area of the water cycle, including its rainfall, its snow melt, recharging the aquifer, surface water, groundwater, rain that is absorbed into the soil RUNS DOWNHILL. Rain that is not absorbed by soil RUNS OFF DOWN THE HILL

    .——————–
    But how does much of the water get back into the oceans to keep the water cycle going?
    Indeed, the U.S. Geological Survey science tells us that 93 to 97 percent of well water used for domestic or irrigation purposes, RUNS DOWN HILL and is returned to the watershed in the proximity of where it was withdrawn.

    And, ALL precipitation, rain and snow melt do the same, GRAVITY TAKES WATER DOWN HILL as infiltration or surface runoff.

    ————————————–
    The EPA says, the new rule applies to tributaries and ANY BODIES OF WATER (that runs downhill) near rivers that (run down hill and ) “COULD” seep into waterways and “AFFECT THE ENVIRONMENT”
    ———————————————————————————
    PLF UNDERSTANDS THE GRAVITY OF (WOTUS)

    WOTUS – Pacific Legal Foundation

    https://www.pacificlegal.org/wotus
    Pacific Legal Foundation

    The Obama Administration has imposed a new Clean Water Act (CWA) dictate that … PLF attorneys are hard at work developing our legal challenge to this … We will alert you when we file our lawsuit — and keep you posted along the way, …

    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new“waters of United States” power grab

    WOTUS rule – Pacific Legal Foundation
    https://www.pacificlegal.org/wotus
    Pacific Legal Foundation
    PLF Principal Attorney M. Reed Hopper, who successfully argued the … We will alert you when we file our lawsuit — and keep you posted along the way, as we …
    —————————————————————-
    Judge blocks Obama EPA rule as federal power grab over state waters A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    ——————————-
    THE SUIT IN QUESTION WAS FILED BY 13 STATES (ALASKA, ARIZONA, ARKANSAS, COLORADO, IDAHO, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, SOUTH DAKOTA AND WYOMING),
    which claimed, among other things, that the WOTUS rule is a threat to state sovereignty because it asserts federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)that should be subject to state government control. As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. In this case, the district court concluded that the states were likely to succeed on the merits as the EPA had adopted an “exceptionally expansive” view of its own jurisdiction under the CWA. According to the court, the WOTUS rule “allows EPA regulation of waters that do not bear any effect on the ‘chemical physical, and biological integrity’ of any navigable-in-fact water,” and therefore exceeds the limits on federal regulatory authority identified by the Supreme Court in Rapanos.

    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    —————————————————
    OUR WA State legislators “DID NOT OBJECT” to WOTUS federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)
    Washington State attorney General “DID NOT” file a law suit against WOTUS on behalf of the citizens of WA State.
    A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    WA STATE IS NOT PART OF THE WOTUS LAWSUIT
    ———————————————————————————-

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology MUST FIRST ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that shall fall under the WOTUS Environmental Protection Agency Clean Water Act and become subject to EPA review and control.

    ——————————-
    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)
    ———————————————————————————
    What’s Up With WOTUS?
    9/3/2015
    Implementation of the Clean Water Rule: Definition of “Waters of the United States” (usually referred to as the WOTUS rule) was set to become effective on August 28, 2015. Several lawsuits were filed by agricultural groups, among others, requesting a preliminary injunction, or order, to halt the rule’s implementation until lawsuits could be settled. Late in the afternoon on August 27, a District Court judge in North Dakota issued a preliminary injunction stopping the WOTUS rule from going into effect for thirteen states, including Nebraska.
    FOR ALL OTHER STATES WHO DIDN’T HAVE PRELIMINARY INJUNCTIONS ISSUED, THE RULE TOOK EFFECT AS PLANNED ON AUGUST 28, 2015.

    Why were lawsuits filed against the EPA and Army Corp of Engineers (CORP) following release of the final WOTUS rule? Several lawsuits were filed following publication of the final WOTUS rule in the Federal Register.

    Twenty-seven states, along with industries from petroleum to construction, and agricultural groups such as the American Farm Bureau Federation, National Cattlemen’s Beef Association, National Corn Growers Association, and National Pork Producers Council all filed separate lawsuits. These numerous lawsuits have since been consolidated into a single lawsuit that identifies three arguments for vacating the rule.

    The first argument is that the finalized WOTUS rule exceeds the intended purposes of the Clean Water Act and represents an unconstitutional overreach by the federal government on land. Second, the rule-making process is designed to give the public an opportunity to comment on all aspects of a rule. In this case, EPA added items to the final rule that were not in the proposed rule.

    The third, and perhaps most concerning argument, is that the EPA may have inappropriately worked with environmental activists to lobby for the rule and support the agency’s agenda. If true, this represents an abuse of the federal rulemaking process by the EPA.

    What does the temporary injunction mean for Nebraska farmers? It means that, for now, the status quo will be maintained. So current guidance documents and existing regulations for making “jurisdictional determination” will continue to be used by the Corp. New definitions and parameters outlined in the WOTUS rule will not be part of the Corp’s checklist when making these determinations in Nebraska. Jurisdictional determination simply means that the Corp reviews the necessary checklist regarding features of a water body, and possibly conducts an on-site inspection, to make a decision about whether the water body should be under their jurisdiction as “waters of the U.S.”

    The temporary injunction does not halt the rule entirely; it simply postpones implementation of the rule until legal proceedings are completed (which could take months or even years as we saw with the new AFO/CAFO regulations a few years back).

    If the pending lawsuits are not successful, and the WOTUS rule is eventually implemented in Nebraska, it remains to be seen what parts of the rule will remain and which will not. In Nebraska, we’ll cross that bridge when we get there.
    Source: Amy Millmier Schmidt, UNL Livestock Bioenvironmental Engineer
    ————————————————————————————
    By Jonathan H. Adler August 28, 2015
    UPDATE: On Friday, the plaintiff states informed the court that the U.S. EPA had announced it would continue to apply the WOTUS rule in states that did not challenge the injunction.

    Late Friday, the district court responded with an order for supplemental briefing on whether the injunction “applies nationally or in a limited geographic area.” Briefs are due on Tuesday, September 1.
    ———————————————————————
    CALIFORNIA IS NOT PART OF THE LAWSUITS
    California Farmers Claim EPA Water Rules Extend To Dirt Fields
    August 31, 2015 6:22 PM
    SAN JOAQUIN COUNTY (CBS13) — Farmers say federal regulators are going too far and are taking away their water and chipping away at their property rights under a new rule.
    The Environmental Protection Agency says any bodies of water near a river, or standing water that can affect waterways will fall under federal regulation.
    Since the 1980s, the EPA has regulated any water you can navigate through, including rivers and large lakes. But the new Clean Water Act Rule will add smaller bodies of water to the government’s oversight.
    Bruce Blodgett with the San Joaquin Farm Bureau says the new rule would include any standing body of water, and dry land that can potentially hold water.
    “This field is a great example,” he said. “This dirt field would now be ‘waters of the U.S.’ under this proposed rule.”
    The bureau says the new rule allows the government to require farmers to get permits to farm from the U.S. Army Corps of Engineers.
    “We have a lot of fields that are fallow, sitting idle this year, because of the drought,” he said. “That will enable the Corps to come after those lands when they try to bring them back into production next year saying, ‘No, those are now waters of the U.S.’”
    Under the new Clean Water Act rule, the bureau claims any private property with a pond and any farm with an irrigation district is now under federal regulation.
    But the EPA says, that’s not true. It says the new rule applies to tributaries and water near rivers that could seep into waterways and affect the environment . The agency says it’s not going after ponds and won’t interfere with farm irrigation. It says ditches that are not constructed in streams and that flow only when it rains are not covered.
    A federal court has granted 13 states a stay on the orders while it examines a lawsuit. California is not part of the lawsuits, but farmers are watching.

    ————————————————————-

     


  • Page (1) She Said American’s Are Not Stupid

    Page (1) She Said American’s Are Not Stupid

    And, I resent the hell out of clever elected politician’s that think we are.

    Gruber said,  “It’s a very clever, you know, basic exploitation of the lack of economic understanding of the American voter,” And, “They proposed it and passed OBAMACARE, because the American people are too stupid to understand the difference,”

    REALLY, Politicians are clever and American people are stupid

    The law was written behind closed doors  DEMOCRATS intentionally made the law confusing to mask the fact that the law instituted a new tax. Why’d the DEMOCRATS do this? Voters don’t like new taxes.

    DEMOCRATIC Policymakers crafting the law had to take POLITICS into account. And ALL POLITICIANS know that Voters don’t like new taxes.

    “It’s a very clever, you know, Elected politicians passed the Obama care Act  in the senate on December 24, 2009, and passed in the house on March 21, 2010. because the American people are too stupid to understand?  Call it the stupidity of the American voter or whatever?

    POLITICIANS ARE CLEVER? AND REALLY, AMERICAN VOTERS ARE TOO STUPID TO  VOTE THEM OUT IN 2016

    As a concerned American Citizen, WATCH, THE NEWS, Be informed.

    —————–
    WATCH THE NEWS RESEARCH AND DOCUMENT
    (1) C-SPAN CABLE-SATELLITE PUBLIC AFFAIRS NETWORK, IS AN AMERICAN CABLE AND SATELLITE TELEVISION NETWORK THAT WAS CREATED IN 1979 BY THE CABLE TELEVISION INDUSTRY AS A PUBLIC SERVICE.
    ————————————————————————————-
    SHE SAID, DON’T BOTHER TO WATCH
    WA STATE KBTC-TV PUBLIC TELEVISION. WHO KNEW THAT

    THE WA STATE KBTC TV PUBLIC TELEVISION IS “CERTAINLY NOT NEWS”?
    Starting in the spring of 2012, New Media Solutions (NMS) was contracted to re-format and produce the KBTC PROGRAM.

    KBTC New Media Solutions (NMS) Tom Layson HE SAID HE SPECIALIZES IN BRAND JOURNALISM. IT IS CERTAINLY NOT NEWS OR JOURNALISM, BUT IS RATHER A FLAVOR OF VIDEO PRODUCTION AND MARKETING THAT BORROWS FROM NEWS’ documentary and cinema verite styles.

    TO BRING VISUAL STORYTELLING TO THE PEOPLE, ORGANIZATIONS AND ENTITIES most importantly, more effectively harnesses authentic performances
    New Media Solutions (NMS) is here with to help KBTC NONPROFIT PUBLIC TELEVISION tell it, the BATES TECHNICAL COLLEGE WAY with video production designed to grow sales, solicit funding, win clients, explain and train, and elevate brands
    http://www.newmediasolutions.tv/about/

    The KBTC station originally signed on the air September 25, 1961 as KTPS-TV, owned by TACOMA PUBLIC SCHOOLS Its offices and broadcasting center are located on the campus of owner BATES TECHNICAL COLLEGE

    WA STATE KBTC-TV PUBLIC TELEVISION IS OWNED BY BATES TECHNICAL COLLEGE.

    Over half of KBTC’s funding comes from viewers who support local public television through generous donations.

    Pacific Legal Foundation, QUESTION EVERYTHING

    WHERE DOES THE REST OF KBTC’s funding COME FROM?
    —————————————————————
    (2) WATCH CBC Canada program “The National” for the global prospective
    ————————————————————-
    (3) WATCH FOX NEWS for the most urgent NEW problems
    ———————————————————
    (4) WATCH The Local News for local crime and violence
    ———————————————————–
    (5) WATCH THE WEATHER CHANNEL the Global weather phenomena, whether the weather is global warming? climate change? or just part of Natural Born Monsters. Apr 16, 2014 – The jet stream’s plunging pattern is a long-standing natural phenomenon?

    ———————–
    WATCH THE GROWING ….
    ‘Climate change industry’ now a $1.5 trillion global business …
    www.washingtontimes.com/…/climate-change-ind…
    The Washington Times
    Aug 11, 2015 – “The $1.5 trillion global ‘climate change industry’ grew at between 17 and …. 1.5 trillion dollar industry BUILT ON GOVERNMENT FUNDING OF AGENDA DRIVEN APPOINTED AGENCIES, GRANTS AND FUNDING TO NGO GLOBAL, NON-GOVERNMENT NON-PROFIT ORGANIZATIONS AND PRIVATE FOUNDATIONS.
    DON’T FORGET THE PRESIDENTIAL EXECUTIVE ORDERS… GOVERNMENT UNIONS AND APPOINTED JUDGES.
    —————————————————————–
    WATCH THE GROWING NATIONAL DEBT OF THE DEAD ….
    BUILT ON GOVERNMENT FUNDING OF AGENDA DRIVEN APPOINTED AGENCIES, UNIONS, GRANTS AND FUNDING TO NGO GLOBAL, NON-GOVERNMENT NON-PROFIT ORGANIZATIONS AND PRIVATE FOUNDATIONS .
    DON’T FORGET THE PRESIDENTIAL EXECUTIVE ORDERS… GOVERNMENT UNIONS AND APPOINTED JUDGES. (redundant? hardly)

    ——————————————————————————-
    SHE SAID, LAST BUT NOT LEAST, WATCH WHAT’S GOING ON BEHIND OUR BACKS BEHIND CLOSED DOORS AND QUESTION EVERYTHING ABOUT THE GOVERNMENT’S PARTISAN POLITICAL AGENDA, period….
    ———————————————————————————
    This is my 608th documented, investigative report posted on my website. Each published report requires several hours of research, to read thousands of words online, to become informed, to fully document the facts, from more than one reliable source, connect the dots, “She Said He Said” and track down the TRUTH AND POLITICS (today’s 6:45am to 2:00pm)
    —————————————————————————————
    LEARNING FROM HISTORY
    Below, is just ONE CLASSIC EXAMPLE of what you can document, when you watch, when you do in-depth research and question everything.
    Every time I watched KBTC-TV PUBLIC TELEVISION, I knew there was something really weird going on with their political liberally slanted agenda programming?
    INDEED, QUESTION EVERYTHING
    ——————————————————————————————
    IF YOU ARE A CONCERNED CITIZEN AND REALLY WANT TO KNOW WHAT THE HELL IS GOING ON IN THE UNITED STATES OF AMERICAN?
    WATCH THE NEWS LISTED ABOVE NUMBERS (1) THRU (5).

    ———————

    IF YOU WANT PUBLIC ENTERTAINMENT WATCH PUBLIC BROADCAST STATION (PBS)
    OR IF YOU WANT? YOU CAN WATCH THE ” BS” FROM NEW MEDIA SOLUTIONS (NMS) ON KBTC-TV PUBLIC TELEVISION.
    WATCH THE VISUAL STORYTELLING TO THE PEOPLE, WATCH THE AUTHENTIC PERFORMANCES AND, TASTE THE FLAVOR OF(NMS) VIDEO PRODUCTIONS CINEMA VERITE STYLES.
    VERITE STYLES a documentary technique developed by the Soviet filmmaker Dziga Vertov (1896-1954)

    One of Dziga Vertov films is famous for the range of cinematic techniques.

    VERTOV INVENTS, DEPLOYS OR DEVELOPS, such as double exposure, fast motion, slow motion, freeze frames, jump cuts, Dutch cuts, extreme close-ups tracking shots, footage played backwards, stop motion animation and self-reflexive visuals (at one point it features a split-screen tracking shot; the sides have opposite Dutch angles).

    ———————–
    she said “NOW THAT’S WHAT I CALL (NMS) 2015 ENTERTAINMENT”

    VIDEO PRODUCTIONS CINEMA VERITE STYLES.
    The Man with the Kinocamera, or Living Russia)[1] is an experimental 1929 silent documentary film, with no story and no actors,[2] by Soviet director Dziga Vertov, edited by his wife Elizaveta Svilova.
    Vertov’s feature film, produced by the film studio VUFKU, presents urban life in the Soviet cities of Kiev, Kharkov, Moscow and Odessa.[3] From dawn to dusk Soviet citizens are shown at work and at play, and interacting with the machinery of modern life.
    TO THE EXTENT THAT IT CAN BE SAID TO HAVE “CHARACTERS,” THEY ARE THE CAMERAMEN OF THE TITLE, THE FILM EDITOR, and the modern Soviet Union THEY DISCOVER AND PRESENT IN THE FILM.

    ————————–
    Page 1, She Said – He Said, is just another chapter in the Book of Revelations by Pearl Revere
    to be continued….


  • PLF lawsuit on WOTUS

    PLF lawsuit on WOTUS

    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” power grab

    —————————
    SACRAMENTO, CA; July 15, 2015: On behalf of a number of landowners and major organizations representing landowners, including the state cattlemen’s associations of California, Washington, and New Mexico, Pacific Legal Foundation (PLF) sued the Obama Administration today over its vast new expansion of Clean Water Act (CWA) jurisdiction — an expansion that could bring virtually all the nation’s water and much of the land under direct federal regulatory control.

    ——————————————
    M. Reed Hopper
    Principal Attorney
    Anthony Francois
    Senior Staff Attorney

    —————————————-
    SPECIFICALLY, the lawsuit seeks invalidation of the new regulatory rule defining the “waters of the United States” that are subject to CWA jurisdiction. Issued by the Environmental Protection Agency and the Army Corps of Engineers, the rule is illegal — and unconstitutional — because it sets no limit on the CWA’s reach, while explicitly expanding it to waters that the Supreme Court has already ruled to be off-limits to federal control.

    Judicial precedent and statutory language limit the CWA to “navigable” waters such as rivers, lakes, oceans, and adjacent waters directly connected to them. In violation of this rule, the administration’s new definition of “waters of the United States” is open-ended; for instance, it includes all “tributaries,” no matter how small or remote; “neighboring” water bodies without any connection to a navigable water; and even isolated waters that the Supreme Court has held to be beyond CWA coverage.

    In this lawsuit, PLF represents landowners and organizations of landowners whose rights are endangered by the administration’s limitless expansion of Clean Water Act regulatory power, including Washington Cattlemen’s Association; California Cattlemen’s Association; New Mexico Cattle Growers’ Association; New Mexico Federal Lands Council; New Mexico Wool Growers, Inc.; family-owned Duarte Nursery, Inc., of Hughson (Stanislaus County) California; and other private landowners. Donor-supported PLF represents all these parties without charge, as with all PLF clients.
    The administration is violating the Rapanos precedent that PLF won at the Supreme Court
    PLF’s precedent-setting victories against CWA overreach include the 2006 U.S. Supreme Court ruling, Rapanos v. United States, which prompted regulators to develop the new rule that is challenged in this litigation. In Rapanos, the Supreme Court recognized clear limits on the reach of the CWA, holding that the federal government could not regulate all “tributaries” to navigable waterways, and reaffirmed that isolated water bodies are off-limits to federal regulators. Indeed, the lawsuit filed today is based on the fact that the new rule violates Rapanos and other legal principles.

    In his testimony to Congress opposing the rule, Jack Field, Executive Vice President for the Washington Cattlemen’s Association, stated: “One thing is clear, the definition [of waters of the United States] is not clear. The [rule] would include ditches as Waters of the U.S. if a regulator can distinguish a bed, bank, and ordinary high water mark. The proposal also would make everything within a floodplain and a riparian area a federal water by considering them ‘adjacent waters.’ I don’t think the negative impacts of this definition can be overstated.”

    ——————————————-
    Statement by PLF’s Reed Hopper
    “We are suing to block the administration’s breathtaking attempt to control practically every pond, stream, and ditch in the country,” said PLF Principal Attorney M. Reed Hopper, who successfully argued the Rapanos case at the Supreme Court. “This new regulation is an open-ended license for federal bureaucrats to assert control over nearly all of the nation’s water, and much of the property, from coast to coast.

    “This regulation expands the scope of the Clean Water Act to an unprecedented extent — violating both the terms of the Act and the Constitution’s limits on federal authority,” Hopper continued. “Under its vague and limitless terms, the only waters that are clearly not subject to federal regulatory power are a few that are expressly excluded in the Clean Water Act, including artificial reflective pools, ornamental waters, some ground water, and gullies.

    “In short, the administration is engaged in a sweeping power grab,” said Hopper. “Property owners around the country will be faced with the prospect of being micro-managed by federal bureaucrats. This turns our federal system on its head. Under our constitutional framework, the states and localities are charged with the primary role in land use regulation and local water-quality protection. The Obama Administration’s sweeping new rule usurps the authority and responsibility of the states, and empowers bureaucrats in Washington D.C. to act as zoning and land use czars for the entire nation.”

    —————————————————-
    Statement by California Cattlemen’s Association
    “With this rule, the EPA and Corps are seeking an extraordinary expansion of their jurisdictional authority and significantly increasing regulatory burdens on California’s ranchers,” said Billy Gatlin, Executive Vice President of the California Cattlemen’s Association. “Many elements of the rule are also troublingly vague, creating confusion over what routine ranching activities might cause cattlemen to run afoul of the regulation. CCA has been adamant since the rule was proposed that the EPA and Corps’ proposal far exceeds the limits imposed on those agencies by the CWA, and CCA is proud to partner with PLF and our industry allies to overturn the rule and protect the property rights of our members.”

    —————————————-
    Statement by New Mexico Cattle Growers’ Association
    “In the arid, brittle climate of New Mexico, water is the source of all life,” said Jose Varela Lopez, President, New Mexico Cattle Growers’ Association. “Without access to water we are finished … as is the rest of the nation. My family has been on our land for 14 generations. I believe we have the history to prove that we are caretakers of the water and the land without the help of the Environmental Protection Agency.”

    —————————————————–
    Statement by New Mexico Federal Lands Council
    “Government management and regulation or over-regulation hasn’t helped our forests and grasslands one bit,” noted Don L. (Bebo) Lee, President, New Mexico Federal Lands Council. “In fact, it has harmed our land and our watershed. We do not need the federal government doing the same harm to our water.”

    ———————————————————–
    Statement by New Mexico Wool Growers, Inc.
    “How does the federal government expect ranchers and farmers to feed the nation,” asked Leroy Cravens, President, New Mexico Wool Growers, Inc. “If water isn’t readily available to agriculture, outside the whims of Mother Nature, the American people won’t eat.”

    ——————————————————-
    Statement by John Duarte of Duarte Nursery
    “The EPA and Army Corps of Engineers are already grossly overreaching beyond the authority given to them in the Clean Water Act,” said John Duarte, president of family-owned Duarte Nursery, based in Hughson, Calif. “With this new WOTUS rule they will completely obliterate any ties to congressional intent and common sense.”
    The case is Washington Cattlemen’s Association et. al. v. U.S. Environmental Protection Agency, et. al. More information, including the complaint and a podcast, may be found at: www.pacificlegal.org.

    About Pacific Legal Foundation
    Donor-supported PLF is a watchdog organization that litigates for limited government, property rights, individual rights, and a balanced approach to environmental regulations, in courts nationwide. PLF represents all clients free of charge.

    ———————————————————————————–

    Behind My Back | Who is Protecting “We the People?”

    www.behindmyback.org/2014/03/12/who-is-protectingwe-the-people/

    Mar 12, 2014 – PACIFIC LEGAL FOUNDATION Status: protecting PEOPLE …. As these groups consist of individuals and families who enjoy off-road recreation …


  • WOTUS “Water Runs Down Hill”

    WOTUS Water Runs Down Hill
    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    ———————————
    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    Last year the administration wrote new definitions that would have subjected all waters (running down hill) within 4,000 feet of a navigable water to EPA review and control.

    —————–
    USGS WATER SCIENCE SCHOOL ” water returns to the earth from precipitation falling on the land, where “GRAVITY” either takes it into the ground as infiltration or it begins RUNNING DOWNHILL as surface runoff”

    ——————————-
    USGS WATER SCIENCE SCHOOL “NO MATTER WHERE ON EARTH WATER IS, IT TRIES TO FLOW DOWNHILL”

    (SO DO WETLAND WATERS JUST SEEP DOWNHILL?)

    ———————————-
    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

    ————————–
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    —————————–
    Indeed, science has proven that each water basin has its own land area of the water cycle, including its rainfall, its snow melt, recharging the aquifer, surface water, groundwater, rain that is absorbed into the soil RUNS DOWNHILL. Rain that is not absorbed by soil RUNS OFF DOWN THE HILL

    .——————–
    But how does much of the water get back into the oceans to keep the water cycle going?
    Indeed, the U.S. Geological Survey science tells us that 93 to 97 percent of well water used for domestic or irrigation purposes, RUNS DOWN HILL and is returned to the watershed in the proximity of where it was withdrawn.

    And, ALL precipitation, rain and snow melt do the same, GRAVITY TAKES WATER DOWN HILL as infiltration or surface runoff.

    ————————————–
    The EPA says, the new rule applies to tributaries and ANY BODIES OF WATER (that runs downhill) near rivers that (run down hill and ) “COULD” seep into waterways and “AFFECT THE ENVIRONMENT”
    ———————————————————————————
    PLF UNDERSTANDS THE GRAVITY OF  (WOTUS)

    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” power grab

    WOTUS rule – Pacific Legal Foundation
    https://www.pacificlegal.org/wotus
    Pacific Legal Foundation
    PLF Principal Attorney M. Reed Hopper, who successfully argued the … We will alert you when we file our lawsuit — and keep you posted along the way, as we …
    —————————————————————-
    Judge blocks Obama EPA rule as federal power grab over state waters A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    ——————————-
    THE SUIT IN QUESTION WAS FILED BY 13 STATES (ALASKA, ARIZONA, ARKANSAS, COLORADO, IDAHO, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, SOUTH DAKOTA AND WYOMING),
    which claimed, among other things, that the WOTUS rule is a threat to state sovereignty because it asserts federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)that should be subject to state government control. As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. In this case, the district court concluded that the states were likely to succeed on the merits as the EPA had adopted an “exceptionally expansive” view of its own jurisdiction under the CWA. According to the court, the WOTUS rule “allows EPA regulation of waters that do not bear any effect on the ‘chemical physical, and biological integrity’ of any navigable-in-fact water,” and therefore exceeds the limits on federal regulatory authority identified by the Supreme Court in Rapanos.
    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    —————————————————
    OUR WA State legislators “DID  NOT OBJECT” to WOTUS federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)
    Washington State attorney General “DID NOT” file a law suit against WOTUS on behalf of the citizens of WA State.
    Washington State attorney General “DID” file lawsuits against ONE Superbowl ticket vendor, Arlene’s Flowers, and Hanford.

    A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    WA STATE IS NOT PART OF THE WOTUS LAWSUIT
    ———————————————————————————-

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology MUST FIRST ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that shall fall under the WOTUS Environmental Protection Agency Clean Water Act and become subject to EPA review and control.

    ——————————-
    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)
    ———————————————————————————
    What’s Up With WOTUS?
    9/3/2015
    Implementation of the Clean Water Rule: Definition of “Waters of the United States” (usually referred to as the WOTUS rule) was set to become effective on August 28, 2015. Several lawsuits were filed by agricultural groups, among others, requesting a preliminary injunction, or order, to halt the rule’s implementation until lawsuits could be settled. Late in the afternoon on August 27, a District Court judge in North Dakota issued a preliminary injunction stopping the WOTUS rule from going into effect for thirteen states, including Nebraska.
    FOR ALL OTHER STATES WHO DIDN’T HAVE PRELIMINARY INJUNCTIONS ISSUED, THE RULE TOOK EFFECT AS PLANNED ON AUGUST 28, 2015.

    Why were lawsuits filed against the EPA and Army Corp of Engineers (CORP) following release of the final WOTUS rule? Several lawsuits were filed following publication of the final WOTUS rule in the Federal Register.

    Twenty-seven states, along with industries from petroleum to construction, and agricultural groups such as the American Farm Bureau Federation, National Cattlemen’s Beef Association, National Corn Growers Association, and National Pork Producers Council all filed separate lawsuits. These numerous lawsuits have since been consolidated into a single lawsuit that identifies three arguments for vacating the rule.

    The first argument is that the finalized WOTUS rule exceeds the intended purposes of the Clean Water Act and represents an unconstitutional overreach by the federal government on land. Second, the rule-making process is designed to give the public an opportunity to comment on all aspects of a rule. In this case, EPA added items to the final rule that were not in the proposed rule.

    The third, and perhaps most concerning argument, is that the EPA may have inappropriately worked with environmental activists to lobby for the rule and support the agency’s agenda. If true, this represents an abuse of the federal rulemaking process by the EPA.

    What does the temporary injunction mean for Nebraska farmers? It means that, for now, the status quo will be maintained. So current guidance documents and existing regulations for making “jurisdictional determination” will continue to be used by the Corp. New definitions and parameters outlined in the WOTUS rule will not be part of the Corp’s checklist when making these determinations in Nebraska. Jurisdictional determination simply means that the Corp reviews the necessary checklist regarding features of a water body, and possibly conducts an on-site inspection, to make a decision about whether the water body should be under their jurisdiction as “waters of the U.S.”

    The temporary injunction does not halt the rule entirely; it simply postpones implementation of the rule until legal proceedings are completed (which could take months or even years as we saw with the new AFO/CAFO regulations a few years back).

    If the pending lawsuits are not successful, and the WOTUS rule is eventually implemented in Nebraska, it remains to be seen what parts of the rule will remain and which will not. In Nebraska, we’ll cross that bridge when we get there.
    Source: Amy Millmier Schmidt, UNL Livestock Bioenvironmental Engineer
    ————————————————————————————
    By Jonathan H. Adler August 28, 2015
    UPDATE: On Friday, the plaintiff states informed the court that the U.S. EPA had announced it would continue to apply the WOTUS rule in states that did not challenge the injunction.

    Late Friday, the district court responded with an order for supplemental briefing on whether the injunction “applies nationally or in a limited geographic area.” Briefs are due on Tuesday, September 1.
    ———————————————————————
    CALIFORNIA IS NOT PART OF THE LAWSUITS
    California Farmers Claim EPA Water Rules Extend To Dirt Fields
    August 31, 2015 6:22 PM
    SAN JOAQUIN COUNTY (CBS13) — Farmers say federal regulators are going too far and are taking away their water and chipping away at their property rights under a new rule.
    The Environmental Protection Agency says any bodies of water near a river, or standing water that can affect waterways will fall under federal regulation.
    Since the 1980s, the EPA has regulated any water you can navigate through, including rivers and large lakes. But the new Clean Water Act Rule will add smaller bodies of water to the government’s oversight.
    Bruce Blodgett with the San Joaquin Farm Bureau says the new rule would include any standing body of water, and dry land that can potentially hold water.
    “This field is a great example,” he said. “This dirt field would now be ‘waters of the U.S.’ under this proposed rule.”
    The bureau says the new rule allows the government to require farmers to get permits to farm from the U.S. Army Corps of Engineers.
    “We have a lot of fields that are fallow, sitting idle this year, because of the drought,” he said. “That will enable the Corps to come after those lands when they try to bring them back into production next year saying, ‘No, those are now waters of the U.S.’”
    Under the new Clean Water Act rule, the bureau claims any private property with a pond and any farm with an irrigation district is now under federal regulation.
    But the EPA says, that’s not true. It says the new rule applies to tributaries and water near rivers that could seep into waterways and affect the environment . The agency says it’s not going after ponds and won’t interfere with farm irrigation. It says ditches that are not constructed in streams and that flow only when it rains are not covered.
    A federal court has granted 13 states a stay on the orders while it examines a lawsuit. California is not part of the lawsuits, but farmers are watching.


  • Reagan and Pacific Legal Foundation

    Reagan and Pacific Legal Foundation

    PACIFIC LEGAL FOUNDATION (PLF) was founded in Sacramento as America’s first freedom-based public interest legal organization. Drawing inspiration from then-GOVERNOR RONALD REAGAN, several members of his senior staff left public service to establish PLF.

    After GOVERNOR RONALD REAGAN overhauled California’s lax welfare system to make it more efficient and effective, he observed that there were a lot of so-called “SPECIAL INTEREST” FOUNDATIONS – usually funded by tax dollars – ready to step forward to sue on behalf of individuals who demanded government entitlements.

    Reagan and his close advisor, Ed Meese, asked themselves:

    WHY ISN’T THERE ANYONE WHO REPRESENTS THE PUBLIC INTEREST OF TAXPAYERS

     and other Americans in efficient, limited constitutional government?

    ——————————————————————

    RONAL REGAN QUOTATIONS ( added for historical emphasis)

    RONALD REGAN WAS THE GOVERNOR OF CALIF. 1967 TO 1975

    FREEDOM IS NEVER MORE THAN ONE GENERATION AWAY FROM EXTINCTION.

    We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same,

     OR ONE DAY WE WILL SPEND OUR SUNSET YEARS TELLING OUR CHILDREN AND OUR CHILDREN’S CHILDREN WHAT IT WAS ONCE LIKE IN THE UNITED STATES WHERE MEN WERE FREE.”

     “IF WE LOSE FREEDOM HERE, THERE IS NO PLACE TO ESCAPE TO. THIS IS THE LAST STAND ON EARTH.”

    “YOU AND I HAVE A RENDEZVOUS WITH DESTINY. WE WILL PRESERVE FOR OUR CHILDREN this, the last best hope of man on earth, or we will sentence them to take the first step into a thousand years of darkness.

    IF WE FAIL, AT LEAST LET OUR CHILDREN AND OUR CHILDREN’S CHILDREN SAY OF US WE JUSTIFIED OUR BRIEF MOMENT HERE. WE DID ALL THAT COULD BE DONE.”

    ————————————————————————————–

    WHEN PACIFIC LEGAL FOUNDATION, WAS FOUNDED  ON MARCH 5, 1973

     “FREEDOM” IN AMERICA FOUND NEW MEANING

    ——————————————————————–

    Back to PLF…

    Shortly after came their answer – THE FOUNDING OF PACIFIC LEGAL FOUNDATION BY MEMBERS OF RONALD REAGAN’S SENIOR STAFF.

     “ON MARCH 5, 1973 GOVERNMENT REGULATORS FOUND A FOE; MAINSTREAM AMERICANS FOUND A FRIEND; FREEDOM IN AMERICA FOUND NEW MEANING.

    On that day, PACIFIC LEGAL FOUNDATION WAS ESTABLISHED turning the voices that wouldn’t be heard into the voices that couldn’t be silenced.”

    —————————————————————————————————

    “Special Interest” Foundations  (added for historical documentation)

    FOLLOW THE MONEY….IN 1996, THE W. K. KELLOGG’S FOUNDATION? HELD $7.6 BILLION IN ASSETS, PLACING IT AT AS THE SECOND LARGEST PRIVATE FOUNDATION IN THE UNITED STATES.

    ONE CANNOT BEGIN TO ARTICULATE THE POLITICAL, social and philanthropic INFLUENCE THE “SPECIAL INTEREST”  FOUNDATION HAS HAD on modern civilization.

    The  mission of the W. K. Kellogg’s Foundation? Advancing the common good

    Description: enable the organization to achieve its mission of advancing the common good through leading, strengthening and mobilizing the nonprofit sector by providing general operating support.

    ————————————————

    Ronald Regan  quote,I’ve never been able to understand why a Republican contributor is a “fat cat” and a democratic contributor of the same amount  of money is called a “a public spirited philanthropist”

    —————————————————————————-

    Back to PLF….

    PACIFIC LEGAL FOUNDATION is privileged to have some of the best and brightest constitutional lawyers on our staff. They have brought scores of precedent-setting cases to court, including seven case victories in the U.S. Supreme Court.

    From a few cases representing clients in California during its infancy, PLF’s legal program has grown in size and scope to become truly national, handling hundreds of cases in dozens of states.

    Today, PLF stands as the nation’s sentry for freedom — strong, resolute and committed to the principles established by our nation’s Founding Fathers and embraced by Ronald Reagan — that Americans are granted sacred, inalienable rights of life, liberty and private property, and that they must never be surrendered or compromised to arbitrary government actions.

    The real power behind PLF is you!

    There are literally thousands of reasons for PLF’s years of success — the number of freedom-loving Americans who generously give to PLF so that we can protect our Constitution, and litigate for limited government, property rights, free enterprise, and a balanced approach to environmental regulations.

    As we celebrate PLF’s long-running  and successful history, we honor and celebrate citizens like you for whom THE GIFT OF FREEDOM IS THE MOST PRECIOUS GIFT OF ALL.

    Thank you,

    ROBIN L. RIVETT
    President

    —————————————————–

    I’d been considering a post on my website …

    “WHAT GOT THEM STARTED?”

    WHAT GOT YOU STARTED? ( AS one single individual? ON one single issue? )

    Good reading and good reporting MUST INCLUDE

    WHO? WHAT? WHEN? WHERE? AND WHY?

    Behind My Back | Who is Protecting “We the People?”

    www.behindmyback.org/2014/03/12/who-is-protecting-we-the-people/

    Mar 12, 2014 – This is a timely legal question, with a very short answer. … There are literally thousands of reasons for PLF’s years of success — the number of …

    ————————————————————————-

    I did report..  I screwed up …….I did not include the History of….

    WHO, GOVERNOR RONALD REAGAN….

    WHAT “HE” did…WHEN “HE” did it… WHERE “HE” did it…WHY “HE” did it…

    THERE ARE LITERALLY THOUSANDS OF REASONS FOR PLF’S YEARS OF SUCCESS

    And, I left out the most important reason, THE ONE SINGLE INDIVIDUAL that got it started.

    WHAT GOT GOVERNOR RONALD REAGAN STARTED?

    THE HANDWRITING ON THE WALL?

    said to mean that there are clear signs  that something will fail or no longer exist

    Idiom, handwriting on the wall, a premonition, portent, or clear indication, especially of failure or disaster

     Definition the handwriting on the wall definition. A phrase recalling an Old Testament story about Daniel. While a king was holding the Jews captive in the foreign land of Babylon, in the sixth century b.c., a mysterious hand appeared, writing on the wall of the king’s palace.

    —————————————————————————

    Another chapter in the book of revelations by Pearl Revere

    ———————————————————————–

    So, I am still considering a post on my website …

    “WHAT GOT THEM STARTED?”

    “WHAT GOT YOU STARTED?” ( AS one single individual? ON one single issue?)

    YOU MUST INCLUDE WHO? WHAT? WHEN? WHERE? AND WHY?

    ———————————————————————-

    And, I am still asking this question.

    WHAT WILL IT TAKE TO GET “YOU” STARTED?

     


  • Fish Before People Regardless of Cost

    Fish Before People Regardless of Cost

    The court held that the protection of EVERY ENDANGERED SPECIES is the highest priority of the federal government, REGARDLESS OF THE COST.

    California’s worst drought in 1200 years in pictures – BBC.com

    FARMERS BEFORE FISH?

    The petition was denied on January 12, 2015.

    ——————————————————————————————————————–

    Stewart & Jasper Orchards v. U.S. Fish and Wildlife Service
    Issue: Representing several California farmers, PLF attorneys are challenging the biological opinion (BiOp) by federal agencies used to restrict water deliveries from the Sacramento-San Joaquin Delta in order to protect the Delta smelt, a small fish listed under the Endangered Species Act. In 2012, PLF previously sought Supreme Court review of the case on a Commerce Clause challenge because smelt are in intrastate species, but the High Court denied cert. With a recent adverse ruling at the Ninth Circuit on the biological opinion, it sets up reconsideration of the Supreme Court’s TVA v. Hill decision, relied on by the Ninth Circuit to uphold the smelt BiOp. In TVA v. Hill, the court held that the protection of every endangered species is the highest priority of the federal government, regardless of the cost. The result has been a heavy-handed, top-down bureaucracy that frustrates human interests and species conservation.

    Status: On July 23, 2014, the Ninth Circuit Court of Appeals denied rehearing before the entire court, leaving an adverse ruling from March in place. PLF attorneys filed a petition for certiorari on September 30, 2014. The petition was denied on January 12, 2015.

    ————————————————————————————————————-

    Complex and contradictory laws, and court decisions, and regulations have made it nearly impossible for water to flow and our communities to grow

    Indeed, a  growing number of communities across the West have become impacted by severe drought conditions,

    Washington State Declares Drought Emergency

    www.huffingtonpost.com/…/washingtondrought-e
    The Huffington Post

    May 15, 2015 – Drought isn’t just a California problem, folks. Washington Gov. Jay Inslee declared a statewide drought emergency on Friday

    ————————————————————————————————–

    How complex is this?

    The court held that the protection of EVERY ENDANGERED SPECIES is the highest priority of the federal government, REGARDLESS OF THE COST.

    ———————————————————————————————————

     As House Majority Leader Kevin McCarthy explained, “California is enduring its worst drought in 1,200 years, and a growing number of communities across the West have become impacted by severe drought conditions.”

    This week, the House will consider a bill to address water policies in California and the West:

    Western Water and American Food Security Act (HR 2898)

    • Sponsor: Rep. David Valadao (R-CA) —Bipartisan— “Aims to make more water available to families, farmers, and communities in California and bordering Western states. The dedication of vast quantities of water to protect certain species of fish listed under the Endangered Species Act (ESA) is a significant obstacle hindering water delivery in Central and Southern California. HR 2898 will require federal agencies to use current and reliable data when making regulatory decisions, which in turn will provide more water for communities in need,” according to the bill sponsor. The bill will also provide federal regulators with direction and flexibility to capture water during periods of greater precipitation, which can be used to increase California’s water supplies dramatically. (Read bill text)

     


  • Outrage Over WA DNR Logging?

    Outrage Over WA State DNR Logging?

    Indeed, four or more cars full of outraged tourists, identified by their out of state license plates, at the Lake Crescent view point, inside the Olympic National park,  were absolutely outraged by the ugly view of WA State Dept. of Natural Resources clear cut logging of Public Trust lands on the NE end of Lake Crescent.

    —————————————————————————-

    Outrage by definition,  powerful feeling of resentment or anger aroused by something perceived as an injury, insult, or injustice

    —————————————————————————————————

    As the tourists from four or more states, stood around pointing and loudly discussing their outrage of  the ugly logging issue with each other, they were totally clueless about what land was being logged? Who was doing the logging?  And, last but not least, why the land was being logged? They were so distracted by the ugliness of logging that they saw, that they barely glanced at or appreciated  the millions of ONP trees surrounding them.

    Unfortunately this ignorance is also shared and proliferated by members of our county government with regard to the ugly logging view on the Olympic Discovery Trail. And just imagine this shared and proliferated message from thousands of bicyclists that use it. That ugly view from the Olympic Discovery trail was discussed at a Clallam County Planning Commission meeting. Two members of that Commission, brought up the ugly view logging subject. They to, appeared to be  totally clueless about what land was being logged? Who was doing the logging?  And, last but not least, why the land was being logged?

    ———————————————————-

    THE IGNORANCE OF THE UNIFORMED PUBLIC ON LOGGING AND HARVESTING? Federal Public Trust Land, WA State Public Trust Land  and  the entire private forest land industry has a very serious impact on the economy of the of Washington State.

    —————————————————————————————–

    AT THE VERY LEAST, Olympic National Park must put up informational signage on the purpose and intent of  DNR harvesting  of state trust land at the Lake Crescent viewpoint.

    AT THE VERY LEAST, Washington State Department of Natural Resources must put up informational signage in logged areas, on the purpose and intent of  DNR harvesting  of state trust land on the Olympic Discovery Trail.

    ——————————————————————————————-

    AT THE VERY LEAST The ONP and DNR informational signage for DNR  logged areas must include. Who, what,  and why the DNR logging was done.

     

    EACH QUARTER, DNR REPORTS the earned income and projected revenue from State Forest Lands (formerly known as Forest Board lands) in Clallam and several other Washington counties. Harvesting timber provides most of the revenue, which the counties use to support various taxing districts that provide county services — roads, schools, hospitals, libraries and fire districts.

     

    ————————————————————————————

    Olympic Discovery Trail ODT | Washington Bike & Multi-use …

    www.olympicdiscoverytrail.com/

    Olympic Discovery Trail

    THE OLYMPIC DISCOVERY TRAIL, one of America’s premier trail systems! … This is timber country in a big way.

    THE IGNORANCE OF THE UNIFORMED PUBLIC ON DNR LOGGING AND HARVESTING? THE OUT OF STATE TOURISTS,  OUR  COUNTY COMMISSIONERS, AND THE THOUSANDS OF OUT OF TOWN BICYCLISTS THAT RIDE ON THE OLYMPIC DISCOVERY TRAIL, one of America’s premier trail systems! … This is timber country in a big way. … The Olympic Peninsula is approximately 130 miles of lowlands is Washington State’s premier destination for non-motorized touring, filled with views of snow capped peaks, …

    WHY BOTHER WITH THAT?

    Behind My Back | The ENABLING ACT February 22, 1889

    www.behindmyback.org/2014/03/…/the-enablingact-february-22-1889/

    Mar 9, 2014 – Through the Enabling Act, a specific acreage of land was endowed and is held in trust for each identified beneficiary. Revenues generated from …

    THE IGNORANCE OF THE UNIFORMED PUBLIC ON LOGGING AND HARVESTING? Federal Public Trust Land, WA State Public Trust of Land and  the entire WA State private forest land industry has a devastating  impact on the economy of the of Washington State.

    —————————————————————————————————

    STATE FOREST TRUST LANDS THAT BENEFIT CLALLAM COUNTY?

    State Trust Land | Ear to the Ground | Page 11

    https://washingtondnr.wordpress.com/category/state-trustland/page/11/

    Tags:biomass, DNR, forest, timber, trust land, Washington … from managing 92,532 acres of STATE FOREST TRUST LANDS THAT BENEFIT CLALLAM COUNTY. … AND THE PUBLIC AND COUNTIES CAN BE REASSURED THAT DNR’S SUSTAINABLE MANAGEMENT OF FORESTED …

    —————————————————————————————————-

    THE UNITED STATES PUBLIC TRUST LANDS?

    THE MAJORITY OF PUBLIC LANDS IN THE UNITED STATES ARE HELD IN TRUST FOR THE AMERICAN PEOPLE BY THE FEDERAL GOVERNMENT

    Most of the PUBLIC LAND MANAGED BY THE US FOREST SERVICE and … Those trust lands cannot any longer be considered public lands …

    IS IT ANY WONDER THAT THOSE FEDERAL TRUST LANDS CANNOT ANY LONGER BE CONSIDERED PUBLIC LANDS …

    WHEN THOSE PUBLIC TRUST LANDS ARE MANAGED, BY THE? WITH THE? OR THE? UNDER THE? AND THE? OR THE ? AND THE OTHER THE?  WHICH INCLUDES ? 

    1. managed by the Bureau of Land Management (BLM),

    2.The United States National Park Service,

    3. Bureau of Reclamation, 

    4. or the Fish and Wildlife Service,

    5. under the Department of the Interior,

    6. or the United states Forest Service,

    7. under the Department of Agriculture,

    Other federal agencies that manage public lands include

    8. the National Oceanic and atmospheric  Engineers,

    9.  United States Department of Defense

    10. which includes  the U.S. Army Corps of Engineers.

    ———————————————————————————–

     More info on US FOREST SERVICE TRUST LANDS?

    The US Forest Service alone manages 193 million acres (780,000 km²) nationwide, or roughly 8% of the total land area in the United States.[3]

    Most of the public land managed by the US Forest Service and … Those trust lands cannot any longer be considered public lands …

    Each western state also received federal “public land” as trust lands designated for specific beneficiaries, which the States are to manage as a condition to acceptance into the union. Those trust lands cannot any longer be considered public lands as allowing any benefits to the “public” would be in breach of loyalty to the specific beneficiaries.

    ——————————————————————————-

    THE GOOD NEWS IS… Pacific Legal Foundation Lawsuit.

    Releases|3-18-15 Feds sued for blocking thousands of …

    www.pacificlegal.org › Home › News & Media

    Pacific Legal Foundation

    Mar 18, 2015 – The victims include all citizen users of public lands — including the disabled … The lawsuit argues that the U.S. Forest Service, a division of the Department of … and has additionally contributed to her overall sense of well-being. … county, and depriving the county of revenue related to logging operations.


  • SMP Violation of Constitutional Rights

    SMP Violation of Constitutional Rights Questions directed To Senator Hargrove, Representatives Tharinger and Van De Wege

     

     

    Has the WA State Attorney Generals Office reviewed the

     

    Single-family Residential Analysis- SMP.docx(300KB)?

     

    The Plf Comment letter COBI SMP.pdf (1.48MB)?

     

     

    Based on the contents of the above, has the WA State Attorney Generals Office taken any legal action?

     

     

    INDEED, THERE ARE TWO COMMON THREADS RUNNING THROUGHOUT “EVERY” WA STATE SMP.

     

     

     

    What actions shall the WA State Attorney Generals Office take to stop the WA State DOE SMP Violations of Constitutional Rights?

     

     

    How many DOE “SMP” lawsuits are the WA State Attorney Generals Office handling at this time?

     

    How many DOE “Water Rule” lawsuits are the WA State Attorney Generals Office handling at this time?

     

    ——————————————————————-

     

     

    THERE ARE TWO COMMON THREADS RUNNING THROUGHOUT THE SMP:

     

    (1)          DRACONIAN PUNISHMENT FOR PERSONAL CONDUCT WHERE THERE ISN’T  ANY PROOF OF DAMAGE AND WHERE THERE IS NO RIGHT TO TRIAL; AND

     

    (2)         REQUIRED CITY PRE-APPROVAL FOR ANY ACTIVITY INVOLVING YOUR LAND OR YOUR HOUSE, EVEN ROUTINE GARDENING AND HOME MAINTENANCE.

     

    THESE ARE SERIOUS VIOLATIONS OF PEOPLE’S CONSTITUTIONAL RIGHTS.

     

    ——————————————————————————————————-

     

     

     

    Clallam County has an SMP draft in the Planning Commission hands

     

    LEGAL REASONS WHY THE Clallam County SMP SHOULD NOT BE APPROVED BY

     

    Clallam County Commissioners AND SHOULD NOT BE APPROVED BY THE STATE

     

    ————————————————————————–

     

    Skagit County has an SMP draft in their Planning Commissions hands.

     

    LEGAL REASONS WHY THE Skagit County SMP SHOULD NOT BE APPROVED BY

     

    Skagit County Commissioners AND SHOULD NOT BE APPROVED BY THE STATE

     

    —————————————————————————————-

     

     

     

     

    LEGAL REASONS WHY THE BAINBRIDGE ISLAND SMP SHOULD NOT BE APPROVED BY THE STATE

     

    Attached  is an 100 page SMP comment dated 8/19/2013,, by a Bainbridge shoreline property owner,  Linda J. Young

     

    ———————————————————————————————

     

     

    THIS IS AN OUTLINE OF THE ATTACHED Single-family Residential Analysis- SMP.docx(300KB)

     

     

     

    LEGAL REASONS WHY THE BAINBRIDGE ISLAND SMP SHOULD NOT BE APPROVED BY THE STATE

     

    I.             THERE ARE TWO COMMON THREADS RUNNING THROUGHOUT THE SMP:

     

    (1)          DRACONIAN PUNISHMENT FOR PERSONAL CONDUCT WHERE THERE ISN’T  ANY PROOF OF DAMAGE AND WHERE THERE IS NO RIGHT TO TRIAL; AND

     

    (2)         REQUIRED CITY PRE-APPROVAL FOR ANY ACTIVITY INVOLVING YOUR LAND OR YOUR HOUSE, EVEN ROUTINE GARDENING AND HOME MAINTENANCE.

     

    THESE ARE SERIOUS VIOLATIONS OF PEOPLE’S CONSTITUTIONAL RIGHTS.

     

    ———————————————————-

     

    II.           THIS SMP IS DIFFERENT – IT GOES WAY TOO FAR.

     

    —————————————————-

     

    III.          SMP PUNISHMENT: THE TAKING OF PERSONAL DUE PROCESS RIGHTS.

     

    ———————————————————

     

    IV.          LIST OF CITY “REVIEW” AND“APPROVAL” REQUIREMENTS NOT RELATED TO CONSTRUCTION.

     

    ————————————————————————————

     

    V.           “PHASING  OUT” ALL EXISTING SHORELINE HOMES.

     

    —————————————————————————–

     

    VI.          BULKHEADS: SMP TAKING OF THE RIGHT TO PROTECT ONE’S PROPERTY. NO GOVERNMENT HAS THAT POWER; THIS IS A FIFTH AMENDMENT TAKING.

     

    ——————————————————————————————————

     

    VII.        THE SMP BANS PRIVATE DOCKS, PIERS, AND FLOATS FOR AT LEAST 75%OF HOMEOWNERS.

     

    ————————————————-

     

    VIII.      SMP BANS – OUTRIGHT AND EFFECTIVE – ON NEW DEVELOPMENT: A TAKING OF “ALL VIABLE USES,” WHICH REQUIRES JUST COMPENSATION UNDER LUCAS.

     

    ——————————————————————————————–

     

    IX.          BUFFERS: THE CITY USED DAMAGE FROM CATTLE AND COMMERCIAL CROPS TO JUSTIFY BUFFERS FOR SINGLE-FAMILY RESIDENCES.  THIS IS A MISAPPLICATION OF SCIENCE.

     

    —————————————————————————————————————

     

    X.            SMP VEGETATION REQUIREMENTS: FIFTH AMENDMENT TAKINGS IN MANY DIFFERENT WAYS.

     

    ——————————————————————————————–

     

     XI.         THE SMP TAKES THE HOMEOWNER’S RIGHT TO PRIVACY/ RIGHT TO EXCLUDE OTHERS.

     

    —————————————————————————-

     

    XII. THE SMP TAKES MANY VALUABLE “RESIDENTIAL AMENITIES” FROM HOMEOWNERS.

     

    ————————————————————————————————————–

     

    XIII.       THE SMP ENGAGES IN ASPIRATIONAL LABELING, AND INCONSISTENT USE DESIGNATIONS – ALL TO IMPOSE STRICTER ENVIRONMENTAL REGULATIONS THAN ACCURATE DESIGNATIONS WOULD ALLOW.

     

    ——————————————————————————————————————

     

    XIV.       DUE PROCESS: THE SMP IS GUILTY OF VIOLATING NOT JUST PRIVATE PROPERTY RIGHTS, BUT ALSO PERSONAL RIGHTS.

     

    ——————————————————————————————————————-

     

    XV.        THIS IS WAY TOO MUCH REGULATION: THE SUPREME COURTS HAVE VARIOUS WORDS FOR THIS – “FIFTH AMENDMENT TAKING,” “INVERSE CONDEMNATION,” DENIAL OF SUBSTANTIVE DUE PROCESS” AND/OR “INVALID.” 

     

     

     

    ————————————————————————————————————————-

     

    XVI.                       BENEFIT V. BURDEN – THE TRADITIONAL CONSTITUTIONAL ANALYSIS.

     

    ——————————————————————————————————

     

    To access  the  Attachments ( please contact phew@wavecable.com)

     

    Senator Hargrove, Representatives Tharinger and Van De Wege

     

    Please respond to my questions.

     

    Pearl Rains Hewett