Land Rights Network
American Land Rights Association
PO Box 400, Battle Ground, WA 98604
(360) 687-3087 – Fax: (360) 687-2973
alra@governance.net
Web Address: http://www.landrights.org
Legislative Office: 507 Seward Square SE - Washington, DC 20003 landrightsnet@yahoo.com -- (202) 329-3574


Leftwing Nominee to Oversee ESA, wetlands?


— EMERGENCY —
—

*** IMMEDIATE RESPONSE NEEDED ***


POSSIBLE NOMINATION OF LEFTWING ENVIRO JOHN TOMKE

*****See Action Items Below

President Bush may make a tragic mistake and nominate a prominent Land Grabber to a key position in the Interior Department!!! This would be an attack on private property rights and a HUGE setback for efforts to change the Endangered Species Act and reform wetlands laws!!!

Mr. John Tomke is one of the final candidates for the position of Assistant Secretary for Fish, Wildlife and Parks in the Department of the Interior. This is a critically important spot in the Interior Department that oversees, among other areas, the Endangered Species Act and wetlands policy.

John Tomke has a lengthy record as a Very Liberal Republican who has made it his hobby to attack private property rights.

Tomke is the one responsible for the Bush Administration backing down on efforts to protect private property rights on wetlands policy in 2003. Here is the story:

FIRST: In January of 2001 the Supreme Court issued a decision in support of private property rights called the “SWANCC” case. (SWANCC stands for Solid Waste Agency of Northern Cook County, one of the parties in the case).

The Court ruled that the federal Corps of Engineers did not have jurisdiction over waters that were outside of “navigable waters of the United States.” This was a welcome change, since the Corps had been claiming permits were necessary for any activity on any kind of permanent or even temporary wet spot, puddle or depression in the ground, even if it did not drain into a stream or creek that eventually reached a river.

The Supreme Court left it up to the Bush Administration to issue regulations specifically defining what was “outside of navigable waters.”

SECOND: Two years later, in January 2003, the Bush Administration issued proposed regulations that protected private property rights. The Administration proposed to exempt from federal wetlands jurisdiction places that were plainly not “navigable,” like wet depressions in the ground and temporary potholes that filled after a rain and then dried up.

THIRD: John Tomke, a Liberal Republican and major financial supporter of Bush for President, then got activated. He assembled and led a coalition of leftwing environmental groups in support of more federal power over private property. John Tomke demanded - and received - an hour long personal meeting with President Bush. Tomke convinced President Bush to back down on his support for private property rights!!!

By April of 2003, the Bush Administration completely changed course and reversed itself, and agreed to the demands of John Tomke and the politically correct leftwing environmentalists. The Administration agreed to keep Federal Corps of Engineers jurisdiction over virtually every inch of wet ground in the United States!!!!!

Now Tomke demands power over the Endangered Species Act!!! He wants to reverse six years of progress made in support of private property rights.

*****Action Items:

-----1. Call or e-mail Brian Waidmann, who is Secretary Kempthorne’s Chief of Staff: Direct phone line: 202-208-5043. E-mail: brian_waidmann@ios.doi.gov

-----2. Call or e-mail Douglas Domenech,. He is Secretary Kempthorne’s White House Liaison (202) 208-5647. E-mail: doug_domenech@ios.doi.gov

-----3. Call Kit Kimball. She is Secretary Kempthorne’s External and Intergovernmental Affairs Director at (202) 208-1923. E-mail: kit_Kimball@ios.doi.gov

-----4. Call, fax and e-mail the White House at (202) 456-1111, Fax: (202) 456-2461 or e-mail: comments@whitehouse.gov

-----5. Call, fax and e-mail Vice President Richard Cheney’ office at (202) 456-1111, Fax: (202) 456-2461 or e-mail: vice_president@whitehouse.gov

-----6. Call both your Senators to urge them to oppose John Tomke’s nomination.
Any Senator may be called at (202) 224-3121.