SURFACE OWNERS PROTECTION ACT - NEW MEXICO
From: NMCGA [mailto:nmcga@nmagriculture.org]
Sent: Saturday, February 24, 2007 5:04 PM
Subject: Surface Owner Protection / House Energy Committee 2.26.07
HB 827, Representative Andy Nunez' Surface Owner Protection Act, is on the schedule for the House Energy & Natural Resources Committee Monday, February 26, 2007 at 8:30 a.m. in room 315. The bill was amended some in its' first committee. Negotiations have continued and there will be a final set of agreed upon additional amendments offered on Monday. After three (3) years of work, it appears that there is agreement between surface owners (homeowners and ranchers) AND that New Mexico will have the strongest landowner bill in the nation. Regarding bonding-on (when there is no agreement between the landowner and oil company), the bill requires a company to post either a $10,000 damages bond or a $25,000 statewide “blanket” bond for all its wells. If the damages from one well exceeds the $25,000 amount in the blanket bond, the company must re-up its bond. Currently, a company can come on a person’s property without posting any bond amount at all. Companies are currently only required to post a reclamation bond with the state for final plugging and abandonment. If you go to court today to get damages from an oil company, under common law, the burden of proof is on you to demonstrate that a company caused unreasonable damages. With SOPA, it will be much easier to get compensation for damages because you will not have to prove whether or not a company was reasonable in its operations on your land. Companies will be required to pay compensation for damages and use under SOPA. Currently, landowners in New Mexico are afforded no protection when companies want to conduct oil and gas operations on their property. Certainly there are reasonable agreements between surface owners and oil and gas operators. However a voluntary system has not served all surface owners equally. There has been concern that this bill would give operators more descression than they already have. Every effort has been made to ensure that private property rights are protected. One of the amendments on Monday will further clarify that. Please let me know if you have any questions and if we can provide further clarification on the bill language....
Saturday, February 24, 2007
EMINENT DOMAIN - WYO.
From: Ldgoodman
Sent: Saturday, February 24, 2007 4:20 PM
Subject: House concurs w/ Senate w/o a conference!! HB 124 headed for Gov's signature!!!
Yahoo!!! Yesterday, instead of going to a conference, the House concurred with the Senate language in HB 124. It's now on its way to the Governor's desk for his signature --- which he has said he will gladly deliver!!! (I'll let you know when the signing ceremony will be!) Take a moment and congratulate yourselves and this team of property owners you are a part of!! The odds were against any meaningful reform to Eminent Domain, and yet in spite of the tremendous effort by the Industry Coalition to minimize the impact of this bill, the Legislature showed thoughtful leadership and support for substantive reform to our eminent domain laws. While we didn't address the very constitutional ability for a private entity to take another private property, we did come a long ways to improving the process for property owners when a taking occurs. Thank you for consistently sending your emails to legislators, working in your communities over the last year to educate your colleagues and fellow citizens, educating me about what's happening on your lands and in your towns; traveling to share your testimony with the legislators over the last year, and making sure your legislators consistently heard from you!! Job well done! Upon the Governor's signature, we will now have the following new provisions to protect our private property rights:
1. Notice by public entities when private land is seriously considered for a project and no less that 2 years before construction is completed (language offered by Wyoming Assoc. of Municipalities).
2. Good faith negotiations that include a 3 part process (initial offer, counter-offer, AND response by condemnor to the counter-offer)
3. The ability to negotiate for termed rights-of-way, similar to those allowed on federal and state lands;
4. Just compensation that can include information gathered from comparable sales for other like partial takings; (what your neighbor was paid, or what was paid for comparable easements on on similar lands, etc); and some increased ability to broaden compensation for urban condemned property owners;
5. Reimbursement of our legal fees if we have to bring a suit and it is found that the condemnor failed to negotiate in good faith, failed to plan a project in the greatest public good at the least private injury, or failed to show that the condemned property was necessary for the project we had asked instead for jury trials, but believe attorney fees are a good compromise).
Many folks have asked me about the "Coalition" and how their efforts impacted reform. They provided the new statutory language for reclamation, they supported improving good faith negotiations, they provided the language to limit the transfer between public and private entities of property condemned "for public purposes", but opposed applying the same limitations for the stricter "public use"; and they supported lifting a cap on reimbursable expenses for condemned urban property owners. Also because of their efforts, we lost:
* Rep. Brown's language that allowed property owners to charge condemnors for access for activities prior to condemnation (we had that going into the session);
* Rep. Shepperson, Wallis and Hallinan's amendment to limit the priority of condemning and using private land over public land for projects that provide a public benefit;
* The ability to hold onto and continue to lobby for provisions that were originally proposed by the Legislative Services Office to the Joint Agriculture Committee. Once deleted by the Coalition in October, we never were able to get back to the following issues, given the effort it took to get and hold the other provisions!!:
* specific language allowing negotiation of annual fees, (now you will just have to negotiate for that under the "good faith negotiation provisions" and force the condemnor to explain, in writing which you can take to court, why an annual fee is inappropriate);
* a prohibition against takings by private entities to minimize their cost, streamline their permitting and ease their convenience; and
* language to ensure NO property owner is financially harmed by a condemnation for public use projects (instead, they supported lifting a cap to increase the flexibility of public agencies to reimburse more of the expenses caused a property owner by condemnation.)
* jury trials
Please take a moment and thank all the legislators one last time for their efforts to strengthen private property rights in Wyoming. President John Schiffer and Senate Majority Leader John Hines deserve an extra thanks for their guidance and support throughout this past year and during this session. While there were differing levels of support by members throughout the process, as indicated by their votes on the amendments, all Legislators except two [Senators Geis and Jennings] eventually voted for final passage of HB 124. (Recall some members switched their Aye votes at the end to position themselves to be on the Conference Committee, but they are really some of our staunchest supporters of private property rights.) Let's just thank them all for their leadership and support for our private property rights....
From: Ldgoodman
Sent: Saturday, February 24, 2007 4:20 PM
Subject: House concurs w/ Senate w/o a conference!! HB 124 headed for Gov's signature!!!
Yahoo!!! Yesterday, instead of going to a conference, the House concurred with the Senate language in HB 124. It's now on its way to the Governor's desk for his signature --- which he has said he will gladly deliver!!! (I'll let you know when the signing ceremony will be!) Take a moment and congratulate yourselves and this team of property owners you are a part of!! The odds were against any meaningful reform to Eminent Domain, and yet in spite of the tremendous effort by the Industry Coalition to minimize the impact of this bill, the Legislature showed thoughtful leadership and support for substantive reform to our eminent domain laws. While we didn't address the very constitutional ability for a private entity to take another private property, we did come a long ways to improving the process for property owners when a taking occurs. Thank you for consistently sending your emails to legislators, working in your communities over the last year to educate your colleagues and fellow citizens, educating me about what's happening on your lands and in your towns; traveling to share your testimony with the legislators over the last year, and making sure your legislators consistently heard from you!! Job well done! Upon the Governor's signature, we will now have the following new provisions to protect our private property rights:
1. Notice by public entities when private land is seriously considered for a project and no less that 2 years before construction is completed (language offered by Wyoming Assoc. of Municipalities).
2. Good faith negotiations that include a 3 part process (initial offer, counter-offer, AND response by condemnor to the counter-offer)
3. The ability to negotiate for termed rights-of-way, similar to those allowed on federal and state lands;
4. Just compensation that can include information gathered from comparable sales for other like partial takings; (what your neighbor was paid, or what was paid for comparable easements on on similar lands, etc); and some increased ability to broaden compensation for urban condemned property owners;
5. Reimbursement of our legal fees if we have to bring a suit and it is found that the condemnor failed to negotiate in good faith, failed to plan a project in the greatest public good at the least private injury, or failed to show that the condemned property was necessary for the project we had asked instead for jury trials, but believe attorney fees are a good compromise).
Many folks have asked me about the "Coalition" and how their efforts impacted reform. They provided the new statutory language for reclamation, they supported improving good faith negotiations, they provided the language to limit the transfer between public and private entities of property condemned "for public purposes", but opposed applying the same limitations for the stricter "public use"; and they supported lifting a cap on reimbursable expenses for condemned urban property owners. Also because of their efforts, we lost:
* Rep. Brown's language that allowed property owners to charge condemnors for access for activities prior to condemnation (we had that going into the session);
* Rep. Shepperson, Wallis and Hallinan's amendment to limit the priority of condemning and using private land over public land for projects that provide a public benefit;
* The ability to hold onto and continue to lobby for provisions that were originally proposed by the Legislative Services Office to the Joint Agriculture Committee. Once deleted by the Coalition in October, we never were able to get back to the following issues, given the effort it took to get and hold the other provisions!!:
* specific language allowing negotiation of annual fees, (now you will just have to negotiate for that under the "good faith negotiation provisions" and force the condemnor to explain, in writing which you can take to court, why an annual fee is inappropriate);
* a prohibition against takings by private entities to minimize their cost, streamline their permitting and ease their convenience; and
* language to ensure NO property owner is financially harmed by a condemnation for public use projects (instead, they supported lifting a cap to increase the flexibility of public agencies to reimburse more of the expenses caused a property owner by condemnation.)
* jury trials
Please take a moment and thank all the legislators one last time for their efforts to strengthen private property rights in Wyoming. President John Schiffer and Senate Majority Leader John Hines deserve an extra thanks for their guidance and support throughout this past year and during this session. While there were differing levels of support by members throughout the process, as indicated by their votes on the amendments, all Legislators except two [Senators Geis and Jennings] eventually voted for final passage of HB 124. (Recall some members switched their Aye votes at the end to position themselves to be on the Conference Committee, but they are really some of our staunchest supporters of private property rights.) Let's just thank them all for their leadership and support for our private property rights....
Friday, February 23, 2007
PRCA
Reversal of fortune Troy Ellerman, who resigned as commissioner of the Professional Rodeo Cowboys Association after pleading guilty to leaking secret grand jury documents in the BALCO steroids case, is leaving the PRCA without a parting gift of $200,000. A day after the PRCA board voted to give Ellerman a year’s salary, the board reversed its decision, board member Buster Record said Thursday. Members of the PRCA responded with outrage when they learned about the $200,000 payout, and the furor helped spur the board’s decision, Record said. Yahoo! Sports first reported the vote Tuesday. On Wednesday night, the board voted 7-1 to reverse its decision a day after it had voted 6-2 in favor of giving Ellerman a year’s salary, which board member Steve Gilbert said was at least $208,000 and as much as $300,000. He said his efforts to verify Ellerman’s current salary have been unsuccessful. “Troy did a lot for the association, but it was just causing too much havoc amongst the members,’’ Record said of the severance package. “Personally, I just realized that I made a hasty decision and that I should have thought it through more.’’ In a related move, Tom Feller – the former chairman of the PRCA board and one of Ellerman’s staunchest supporters – was voted off the board, Record confirmed....
Will commissioner's exit spur changes? The search is on. Now that Troy Ellerman has resigned as commissioner of the Professional Rodeo Cowboys Association, who will be the next person to head up the organization? What kind of person would some of the sport's icons want to see as the new leader? There are varying answers. But one thing Ellerman's resignation has left all to agree on is that the top requirement in a new commissioner would be honesty. Ellerman's departure came on the heels of his guilty plea last week to obstructing justice by leaking secret grand jury documents to reporters covering the government's investigation of steroids in sports. Larry Mahan, a rodeo legend and six-time world all-around champion, would like to see a bright businessman in charge. "Someone who is honest, in all capital letters," he said.... One development Mahan would like to see come from Ellerman's resignation is a movement for establishing a rodeo players union. "You need representatives from that players association that can make a difference," he said. "What they have done is stripped the players of their voice. They have a few voices squeaking out there, but that's not going to help grease the squeaking wheel." Rodeo is run by the commissioner and a nine-man board of directors who answer to him. Mahan would like to see the competitors have representation in helping to shape rodeo's future. "It seems to work for all other sports – why not rodeo?" he said. "If they want to consider themselves the athletes they are, then they need to look at these other sports and say, 'Why is it working for them, and why are they growing?".... Don Gay, an eight-time world bull riding champion, said he would like to see rodeo go without a commissioner. "I don't think it's the right position for our organization," he said. "I feel like we ought to have a general manager who runs the office and answers to the board of directors. I think if he didn't have the title of commissioner, then he would work a lot closer with the board." Gay said he would like to see the organization hire a person with a background in rodeo....
----- Original Message -----
From: KC Andersen
Sent: Friday, February 23, 2007 9:24 AM
Subject: Urgent PRCA Business
Howdy Fellow PRCA Members:
I received a telephone call from my representative today, Barb Duggan, (Sec/Timer) with a status regarding the severance package for Troy Ellerman ($208,000.00) being rescinded and the removal of Tom Feller on the board.
I really appreciated the open and honest communication that Barb offered, especially with all the rumor mills working overtime and those whose only intent it seems, is to bring the whole entire PRCA to the ground.
Regarding the rescinding of Troy's severance pay, it is my understanding that BoD voted to rescind the offer that was given earlier this week and open it up to discussion at the March 20, 2007 BoD's meeting. Barb has asked that you forward to her or your event reps, your opinion regarding a severance package and what amount should be given, if any.........
You can either call her, write her or e-mail her with your opinion. Here is our chance as due paying members to let "our" feelings be known and I believe heard.
As for Tom Feller, he was removed / voted off the board by the Contract Personnel Counsel. This step was taken by the other board members due to his failure to act or vote as his other council peers had recommended or by majority of the vote. Mark Swingler. Executive Council Contract Personnel - Clowns/Bullfighter, is replacing Tom on the Executive Board. It is my understanding that this is only temporary. Since there is an election coming up and 3 out of the 5 members' seat are open for election, the counsel believe it would not be "fair" to Mark to take the position on a permanent status at this time.
Finally, as for us Secretaries / Timers, Barb would also like your opinions regarding possibly having a liaison in the PRCA office who "knows" the workings of rodeos and the paperwork / computer stuff. The girls in the office do a great job on the computer problems but really don't have a clue as to why or what PROCOM is and what problems can and are occurring out at the rodeo grounds.
Ok, enough of my rambling. Please take the time to contact Barb or your event representative before March 10th regarding the above or any other concerns that you may have. Also, please take the time and effort to complete your PRCA ballots and return them before the deadline. I am a strong and firm believer in..... if you don't vote then you can't gripe, aka bitch.......
K.C. Andersen
Here is Barb Duggan's contact information:
E-Mail: bduggan@att.net
Address: P.O. Box 183; Canyon, TX 79015-0183
Reversal of fortune Troy Ellerman, who resigned as commissioner of the Professional Rodeo Cowboys Association after pleading guilty to leaking secret grand jury documents in the BALCO steroids case, is leaving the PRCA without a parting gift of $200,000. A day after the PRCA board voted to give Ellerman a year’s salary, the board reversed its decision, board member Buster Record said Thursday. Members of the PRCA responded with outrage when they learned about the $200,000 payout, and the furor helped spur the board’s decision, Record said. Yahoo! Sports first reported the vote Tuesday. On Wednesday night, the board voted 7-1 to reverse its decision a day after it had voted 6-2 in favor of giving Ellerman a year’s salary, which board member Steve Gilbert said was at least $208,000 and as much as $300,000. He said his efforts to verify Ellerman’s current salary have been unsuccessful. “Troy did a lot for the association, but it was just causing too much havoc amongst the members,’’ Record said of the severance package. “Personally, I just realized that I made a hasty decision and that I should have thought it through more.’’ In a related move, Tom Feller – the former chairman of the PRCA board and one of Ellerman’s staunchest supporters – was voted off the board, Record confirmed....
Will commissioner's exit spur changes? The search is on. Now that Troy Ellerman has resigned as commissioner of the Professional Rodeo Cowboys Association, who will be the next person to head up the organization? What kind of person would some of the sport's icons want to see as the new leader? There are varying answers. But one thing Ellerman's resignation has left all to agree on is that the top requirement in a new commissioner would be honesty. Ellerman's departure came on the heels of his guilty plea last week to obstructing justice by leaking secret grand jury documents to reporters covering the government's investigation of steroids in sports. Larry Mahan, a rodeo legend and six-time world all-around champion, would like to see a bright businessman in charge. "Someone who is honest, in all capital letters," he said.... One development Mahan would like to see come from Ellerman's resignation is a movement for establishing a rodeo players union. "You need representatives from that players association that can make a difference," he said. "What they have done is stripped the players of their voice. They have a few voices squeaking out there, but that's not going to help grease the squeaking wheel." Rodeo is run by the commissioner and a nine-man board of directors who answer to him. Mahan would like to see the competitors have representation in helping to shape rodeo's future. "It seems to work for all other sports – why not rodeo?" he said. "If they want to consider themselves the athletes they are, then they need to look at these other sports and say, 'Why is it working for them, and why are they growing?".... Don Gay, an eight-time world bull riding champion, said he would like to see rodeo go without a commissioner. "I don't think it's the right position for our organization," he said. "I feel like we ought to have a general manager who runs the office and answers to the board of directors. I think if he didn't have the title of commissioner, then he would work a lot closer with the board." Gay said he would like to see the organization hire a person with a background in rodeo....
----- Original Message -----
From: KC Andersen
Sent: Friday, February 23, 2007 9:24 AM
Subject: Urgent PRCA Business
Howdy Fellow PRCA Members:
I received a telephone call from my representative today, Barb Duggan, (Sec/Timer) with a status regarding the severance package for Troy Ellerman ($208,000.00) being rescinded and the removal of Tom Feller on the board.
I really appreciated the open and honest communication that Barb offered, especially with all the rumor mills working overtime and those whose only intent it seems, is to bring the whole entire PRCA to the ground.
Regarding the rescinding of Troy's severance pay, it is my understanding that BoD voted to rescind the offer that was given earlier this week and open it up to discussion at the March 20, 2007 BoD's meeting. Barb has asked that you forward to her or your event reps, your opinion regarding a severance package and what amount should be given, if any.........
You can either call her, write her or e-mail her with your opinion. Here is our chance as due paying members to let "our" feelings be known and I believe heard.
As for Tom Feller, he was removed / voted off the board by the Contract Personnel Counsel. This step was taken by the other board members due to his failure to act or vote as his other council peers had recommended or by majority of the vote. Mark Swingler. Executive Council Contract Personnel - Clowns/Bullfighter, is replacing Tom on the Executive Board. It is my understanding that this is only temporary. Since there is an election coming up and 3 out of the 5 members' seat are open for election, the counsel believe it would not be "fair" to Mark to take the position on a permanent status at this time.
Finally, as for us Secretaries / Timers, Barb would also like your opinions regarding possibly having a liaison in the PRCA office who "knows" the workings of rodeos and the paperwork / computer stuff. The girls in the office do a great job on the computer problems but really don't have a clue as to why or what PROCOM is and what problems can and are occurring out at the rodeo grounds.
Ok, enough of my rambling. Please take the time to contact Barb or your event representative before March 10th regarding the above or any other concerns that you may have. Also, please take the time and effort to complete your PRCA ballots and return them before the deadline. I am a strong and firm believer in..... if you don't vote then you can't gripe, aka bitch.......
K.C. Andersen
Here is Barb Duggan's contact information:
E-Mail: bduggan@att.net
Address: P.O. Box 183; Canyon, TX 79015-0183
FOR IMMEDIATE RELEASE: February 23, 2007
Nevada Ag Department Director Resigns After Audit and Investigation are Made Public
(RENO, NV) Don Henderson, Director of the Nevada Department of Agriculture, resigned earlier this week after public disclosure of $720,000 of Department accounting adjustments, on-the-job drinking, and personal misconduct. “This may be a positive step towards restructuring the Department to work for, instead of against Nevada agriculture,” stated Wayne Hage, NLSA Director. In a recent letter to Governor Gibbons the Nevada Live Stock Association (NLSA) wrote that, “The current Board [of Agriculture] has failed repeatedly to meaningfully address the gross mismanagement problems within the Department, as revealed in both the Legislative Audit and Department of Personnel investigation involving the complaints of 20 percent of the Department’s personnel.” “We are very hopeful with this news. Unfortunately, before this matter became public, the Board’s solution in its December meeting was to tell Don to quit drinking on the job and vote to give him a “Vote of Confidence”. I question whether the current Board, which has full oversight responsibilities for the Department, is capable of taking seriously matters that have possible criminal implications,” said Cliven Bundy, NLSA Director. In his letter of resignation, Henderson designated his deputy Rick Gimlin, the Department’s bookkeeper, to serve as acting Director until the Board and Governor appoint a new Director. “That’s a little bit like asking the fox to watch the hen house,” remarked Ramona Morrison of the NLSA. “Mr. Gimlin has been in charge of the Department’s finances during Henderson’s entire tenure. There are several very competent administrators in the Department who could take over temporarily without all the baggage Mr. Gimlin has. I hope the Board addresses this matter.”
# # #
9732 State Route 445, #305 Sparks, Nevada 89436 775.424.0570 Fax 775.424.0571 www.nevadalivestock.org
“The object of this association is to advance the interests of stock growers of all kinds, protection of the same against frauds and swindlers, and to prevent the stealing, taking and driving away of any live stock from the rightful owners thereof, and to enforce the stock laws of Nevada (1884).”
David Holmgren, NLSA Chairman, 775.312.0019
Wayne Hage, NLSA Director, 775.482.4637
Cliven Bundy, NLSA Director, 702.346.5564
Ramona Morrison, NLSA Direct, 775.722.2517
Email copies of Letter to Governor, previous related NLSA press releases, Grand Jury Report, and Second Judicial District Court ruling involving Department’s brand inspection practices are available upon request.
Nevada Ag Department Director Resigns After Audit and Investigation are Made Public
(RENO, NV) Don Henderson, Director of the Nevada Department of Agriculture, resigned earlier this week after public disclosure of $720,000 of Department accounting adjustments, on-the-job drinking, and personal misconduct. “This may be a positive step towards restructuring the Department to work for, instead of against Nevada agriculture,” stated Wayne Hage, NLSA Director. In a recent letter to Governor Gibbons the Nevada Live Stock Association (NLSA) wrote that, “The current Board [of Agriculture] has failed repeatedly to meaningfully address the gross mismanagement problems within the Department, as revealed in both the Legislative Audit and Department of Personnel investigation involving the complaints of 20 percent of the Department’s personnel.” “We are very hopeful with this news. Unfortunately, before this matter became public, the Board’s solution in its December meeting was to tell Don to quit drinking on the job and vote to give him a “Vote of Confidence”. I question whether the current Board, which has full oversight responsibilities for the Department, is capable of taking seriously matters that have possible criminal implications,” said Cliven Bundy, NLSA Director. In his letter of resignation, Henderson designated his deputy Rick Gimlin, the Department’s bookkeeper, to serve as acting Director until the Board and Governor appoint a new Director. “That’s a little bit like asking the fox to watch the hen house,” remarked Ramona Morrison of the NLSA. “Mr. Gimlin has been in charge of the Department’s finances during Henderson’s entire tenure. There are several very competent administrators in the Department who could take over temporarily without all the baggage Mr. Gimlin has. I hope the Board addresses this matter.”
# # #
9732 State Route 445, #305 Sparks, Nevada 89436 775.424.0570 Fax 775.424.0571 www.nevadalivestock.org
“The object of this association is to advance the interests of stock growers of all kinds, protection of the same against frauds and swindlers, and to prevent the stealing, taking and driving away of any live stock from the rightful owners thereof, and to enforce the stock laws of Nevada (1884).”
David Holmgren, NLSA Chairman, 775.312.0019
Wayne Hage, NLSA Director, 775.482.4637
Cliven Bundy, NLSA Director, 702.346.5564
Ramona Morrison, NLSA Direct, 775.722.2517
Email copies of Letter to Governor, previous related NLSA press releases, Grand Jury Report, and Second Judicial District Court ruling involving Department’s brand inspection practices are available upon request.
NEWS ROUNDUP
Domain bill clears Wyo. Senate The Senate passed an eminent domain reform bill Thursday after removing a sticking point for landowners. House Bill 124 easily passed the Senate on a 25-4 vote. It now goes back to the House for a vote on Senate changes. On Wednesday, the Senate adopted an amendment from Sen. Charles Scott, R-Casper, to restrict comparisons of easement prices to the landowners' own property in determining fair market value. On Thursday, the Senate adopted a two-word amendment that essentially negates Scott's amendment. Offered by Sen. Phil Nicholas, R-Laramie, and others, the new amendment allows an appraiser to consider the price paid for other comparable easements on the same “or similar” property in calculating fair market value. Scott cautioned that the amendment was too broad and could invite lawsuits. But Senate President John Schiffer, R-Kaycee, said appraisals for easements are traditionally based on the price paid for similar land. The Senate adopted Nicholas' amendment on a 15-14 standing vote....
Lawmakers seek to revive wolf legislation Trying to bounce back from a stinging rejection in a House committee on Wednesday, lawmakers now are pushing to revive a wolf bill in the Senate. The Senate Travel, Recreation, Wildlife and Cultural Resources Committee planned to meet to consider a House bill on wolf management on Friday, a day after the usual deadline for committee action. Top legislative leaders have said repeatedly in recent weeks that they believed wolf management legislation was dead. Yet the wolf bills keep pawing their way back into play. "It's the nature of the wolf," said Sen. Bruce Burns, R-Sheridan, when asked why the wolf legislation continues to surface. Burns is chairman of the Senate committee scheduled to hear the House bill and was sponsor of wolf legislation that died in a House committee on Wednesday. "I think we've got to keep channels open with Fish and Wildlife Service," Burns said. "This bill passing tomorrow or not makes the difference whether we negotiate with the feds or not."...
Minnesota requires renewable fuels Minnesota put its faith in a future fueled by renewable energy yesterday as the governor signed a new law requiring utilities to generate a quarter of their power from renewable sources such as wind, water and solar energy by 2025. Considering where Minnesota stands now — about half the power produced in the state is from coal, and only 8 percent from renewable sources — the move is the most aggressive in the country, analysts say. "We have to break our addiction to fossil fuels," Gov. Tim Pawlenty, a Republican, said in signing the legislation. The new law, which sailed through the Legislature, encourages the use of wind farms, hydroelectric power and solar energy, as well as cleaner-burning fuels....
Another skier dies in avalanche Rescuers Thursday recovered the body of a 37-year-old Norwegian man who died in an avalanche in Big Cottonwood Canyon the day before. It is the fourth avalanche death in six days, and weather forecasters are warning skiers of an elevated avalanche danger through the weekend. Vegard Lund, a former University of Utah graduate student who lived in Stavanger, Norway, was close to the top of the 10,200-foot peak of Gobblers Knob when he triggered an avalanche that swept him 400 feet into a grove of trees, said Sgt. Todd Griffiths, search and rescue coordinator for the Salt Lake County Sheriff's Office. The impact with trees likely killed Lund, Griffiths said. During the 2004-2005 season, eight snowboarders, skiers, snowshoers and snowmobilers died, making it the deadliest ski season in Utah history since the U.S. Forest Service Utah Avalanche Center began keeping records in 1951. The number of avalanche deaths this week easily could have been higher, said Brett Kobernik a forecaster with the Utah Avalanche Center....
Santa Ritas mining plan raises bigger concerns A proposed copper mine in the Santa Rita Mountains pits tradition versus change in what could be the first skirmish in a bigger war to change the West. U.S. Rep. Raúl Grijalva on Saturday will hold in Tucson his first hearing as the new chairman of the House Subcommittee on Public Lands. The agenda contains a single item: Augusta Resource Corp.'s proposed Rosemont copper mine on the eastern flank of the Santa Rita Mountains. Augusta said the Rosemont mine would meet 5 percent of the nation's copper needs and create 1,050 jobs locally during its 20-year life. Though all sides will get to speak to the committee, the larger issue Grijalva will discuss with environmentalists is how he can inject more environmental concerns into the approval process for mines. At issue is the 1872 General Mining Act, which Grijalva calls "a sacred cow" because it encourages the development of mines and doesn't allow the government to deny a "legitimate" mining claim. "We're not that West of 1872," said Grijalva, an Arizona Democrat. "We are a different West. Back then, the ethic was the water and land are there to use. Now there's another ethic that says we have to balance uses with conservation."....
Pima County again tries to block Rosemont Mine For the second time in little more than a month the Pima County supervisors approved a resolution aimed at blocking development of a copper mine east of Green Valley. At Tuesday’s board meeting the supervisors unanimously approved the resolution calling on the Arizona congressional delegation to take three steps to block the mine at Rosemont east of the Santa Rita Mountains. The resolution asked congressional delegates to bar mining on National Forest Land in the Santa Rita Mountains, to withdraw from mining from all National Forest Lands in Pima County and to stop mining on all “county natural reserves where the federal government” owns the mining rights. On Jan. 16 the supervisors approved a resolution by Supervisor Ray Carroll to oppose creation of a mine by Augusta Resource Corp....
Forbidden ground Two incidents in the last week are casting doubt on whether designated non-motorized backcountry areas are remaining the bastions of quiet solitude they’re intended to be. If nothing else, the increasing disregard for such designations by motorized recreationists—and the lack of enforcement by the federal agencies charged with their management—flies in the face of so-called “collaborative” agreements being pushed by the Bush administration, which are supposed to protect certain areas while maintaining others for motorized use. The first report was the result of a fly-over of the Bob Marshall Wilderness, the Mission Mountains Wilderness and the Jewel Basin Hiking Area by personnel from the Flathead National Forest. What they found was not encouraging. Despite the fact that these areas are permanently closed to snowmobiling and all other motorized use, the overflight spotted snowmobile tracks in all three areas. Sadly, this is not an isolated case where someone accidentally wandered into an area, unaware they had crossed the wilderness boundary. The same thing has been prevalent for years in the Beartooth Wilderness, where the deep snowpack and high mountains seem irresistible to snowmobile scofflaws who live to charge their howling machines up steep mountain faces as high as they can get before turning them back downhill....
Congressmen urged to protect Roan Plateau Local government officials, environmentalists and wildlife advocates urged Colorado's two Western Slope congressmen Thursday to protect the Roan Plateau from oil and gas leasing. A rugged mesa towering over the landscape from Rifle to Parachute, the Roan Plateau is home to thousands of acres of wilderness and wildlife habitat. It also is a potential bonanza of natural gas largely untapped by the wave of oil and gas drilling sweeping western Colorado. The U.S. Bureau of Land Management proposed a plan last year to limit drilling so some of the gas can be drawn out while preserving most of the plateau. But the congressmen were asked to bring pressure on federal land managers to withdraw the Roan from leasing until more protections are in place....
Shell’s oil shale project requires more test time Royal Dutch Shell needs a little more time to decide if it will proceed with a commercial oil shale project in western Colorado, a company official said Thursday during a Rifle open house. Shell Mahogany Project spokeswoman Jill Davis said earlier plans to make that decision by the end of this decade have been pushed back to shortly after 2010. “We just need a little more time to get our test projects going on the federal leases,” she said. “Those leases took a little more time than we thought.” It also will take Shell at least a year to get all the permits needed to start work on three, 160-acre leases in Rio Blanco County, received from the Bureau of Land Management last year. Shell plans to further test its in-ground mining process that uses rows of electric heaters to cook the shale oil out of the rock and pump it to the surface. Those tests will require a peak construction workforce of 560 workers, many of them to be housed in temporary quarters nearby....
Wild Stallion Shot in Tooele, $8,000 Reward The Bureau of Land Management is offering a reward for information about the shooting of a wild stallion. The shooting occurred on BLM land in Tooele County, and the horse suffered for several weeks before authorities put it out of its misery. An $8,000 reward has been put up by the BLM, the National Mustang Association and the Intermountain Horse and Burro Advisors group. The groups are very upset that someone would shoot the animal and then leave it to suffer. Gus Warr, Bureau of Land Management: "It's very disturbing. It really tears at me emotionally that someone would go out there and take it upon themselves and injure an animal, walk away and let it suffer." Sometime between late December and mid-January, someone shot a nine-year-old black stallion that had been roaming in Utah's west desert since 2001....
State distances itself from climatologist Gov. Ruth Ann Minner has directed Delaware's state climatologist to stop using his title in public statements on climate change, citing a clash of views on global warming and confusion over the position's ties to the administration. Minner, who made the directive in a letter, described the move as a way to "clarify" the role of David R. Legates, a prominent skeptic of views that human activities are warming the planet and triggering climate shifts. Minner said she has long viewed human-caused carbon emissions as a contributor to climate change. The state also joined a multistate effort in 2005 aimed at reducing power plant greenhouse gas emissions. In the letter, sent last week, Minner said Legates had provided valuable advice to the state on weather issues. She also acknowledged that the scientist had not claimed to represent the state government's position on the need to control pollutants linked to global warming. But Minner said that reports of Legates' work with private groups and privately backed publications disputing climate change had "generated some confusion." "Your views on climate change, as I understand them, are not aligned with those of my administration," Minner wrote....
U.S. says will use risk-based meat inspection plan In a move derided by meat packers and consumers, federal meat inspectors will start conducting "risk-based" inspections at 254 processing plants in April, under a plan detailed by the Agriculture Department on Thursday. The plan calls for devoting more attention to plants where the government has higher concerns over meat safety, U.S. officials said. But the USDA's Food Safety and Inspections Service will still continue daily inspection of all processing plants, said Richard Raymond, agriculture undersecretary for food safety. Raymond touted the changes as a way to boost protection against meat contamination. Under the new system, the level of inspections at a plant would be pegged to its safety record, including prior inspection and microbiological tests. The consumer group Food and Water Watch said USDA's existing data is incomplete and not precise enough to know how plants are performing. The American Meat Institute, a trade group for packers, criticized USDA for the "hasty roll-out" of the plan without testing the idea or being sure of industry and consumer support....
Domain bill clears Wyo. Senate The Senate passed an eminent domain reform bill Thursday after removing a sticking point for landowners. House Bill 124 easily passed the Senate on a 25-4 vote. It now goes back to the House for a vote on Senate changes. On Wednesday, the Senate adopted an amendment from Sen. Charles Scott, R-Casper, to restrict comparisons of easement prices to the landowners' own property in determining fair market value. On Thursday, the Senate adopted a two-word amendment that essentially negates Scott's amendment. Offered by Sen. Phil Nicholas, R-Laramie, and others, the new amendment allows an appraiser to consider the price paid for other comparable easements on the same “or similar” property in calculating fair market value. Scott cautioned that the amendment was too broad and could invite lawsuits. But Senate President John Schiffer, R-Kaycee, said appraisals for easements are traditionally based on the price paid for similar land. The Senate adopted Nicholas' amendment on a 15-14 standing vote....
Lawmakers seek to revive wolf legislation Trying to bounce back from a stinging rejection in a House committee on Wednesday, lawmakers now are pushing to revive a wolf bill in the Senate. The Senate Travel, Recreation, Wildlife and Cultural Resources Committee planned to meet to consider a House bill on wolf management on Friday, a day after the usual deadline for committee action. Top legislative leaders have said repeatedly in recent weeks that they believed wolf management legislation was dead. Yet the wolf bills keep pawing their way back into play. "It's the nature of the wolf," said Sen. Bruce Burns, R-Sheridan, when asked why the wolf legislation continues to surface. Burns is chairman of the Senate committee scheduled to hear the House bill and was sponsor of wolf legislation that died in a House committee on Wednesday. "I think we've got to keep channels open with Fish and Wildlife Service," Burns said. "This bill passing tomorrow or not makes the difference whether we negotiate with the feds or not."...
Minnesota requires renewable fuels Minnesota put its faith in a future fueled by renewable energy yesterday as the governor signed a new law requiring utilities to generate a quarter of their power from renewable sources such as wind, water and solar energy by 2025. Considering where Minnesota stands now — about half the power produced in the state is from coal, and only 8 percent from renewable sources — the move is the most aggressive in the country, analysts say. "We have to break our addiction to fossil fuels," Gov. Tim Pawlenty, a Republican, said in signing the legislation. The new law, which sailed through the Legislature, encourages the use of wind farms, hydroelectric power and solar energy, as well as cleaner-burning fuels....
Another skier dies in avalanche Rescuers Thursday recovered the body of a 37-year-old Norwegian man who died in an avalanche in Big Cottonwood Canyon the day before. It is the fourth avalanche death in six days, and weather forecasters are warning skiers of an elevated avalanche danger through the weekend. Vegard Lund, a former University of Utah graduate student who lived in Stavanger, Norway, was close to the top of the 10,200-foot peak of Gobblers Knob when he triggered an avalanche that swept him 400 feet into a grove of trees, said Sgt. Todd Griffiths, search and rescue coordinator for the Salt Lake County Sheriff's Office. The impact with trees likely killed Lund, Griffiths said. During the 2004-2005 season, eight snowboarders, skiers, snowshoers and snowmobilers died, making it the deadliest ski season in Utah history since the U.S. Forest Service Utah Avalanche Center began keeping records in 1951. The number of avalanche deaths this week easily could have been higher, said Brett Kobernik a forecaster with the Utah Avalanche Center....
Santa Ritas mining plan raises bigger concerns A proposed copper mine in the Santa Rita Mountains pits tradition versus change in what could be the first skirmish in a bigger war to change the West. U.S. Rep. Raúl Grijalva on Saturday will hold in Tucson his first hearing as the new chairman of the House Subcommittee on Public Lands. The agenda contains a single item: Augusta Resource Corp.'s proposed Rosemont copper mine on the eastern flank of the Santa Rita Mountains. Augusta said the Rosemont mine would meet 5 percent of the nation's copper needs and create 1,050 jobs locally during its 20-year life. Though all sides will get to speak to the committee, the larger issue Grijalva will discuss with environmentalists is how he can inject more environmental concerns into the approval process for mines. At issue is the 1872 General Mining Act, which Grijalva calls "a sacred cow" because it encourages the development of mines and doesn't allow the government to deny a "legitimate" mining claim. "We're not that West of 1872," said Grijalva, an Arizona Democrat. "We are a different West. Back then, the ethic was the water and land are there to use. Now there's another ethic that says we have to balance uses with conservation."....
Pima County again tries to block Rosemont Mine For the second time in little more than a month the Pima County supervisors approved a resolution aimed at blocking development of a copper mine east of Green Valley. At Tuesday’s board meeting the supervisors unanimously approved the resolution calling on the Arizona congressional delegation to take three steps to block the mine at Rosemont east of the Santa Rita Mountains. The resolution asked congressional delegates to bar mining on National Forest Land in the Santa Rita Mountains, to withdraw from mining from all National Forest Lands in Pima County and to stop mining on all “county natural reserves where the federal government” owns the mining rights. On Jan. 16 the supervisors approved a resolution by Supervisor Ray Carroll to oppose creation of a mine by Augusta Resource Corp....
Forbidden ground Two incidents in the last week are casting doubt on whether designated non-motorized backcountry areas are remaining the bastions of quiet solitude they’re intended to be. If nothing else, the increasing disregard for such designations by motorized recreationists—and the lack of enforcement by the federal agencies charged with their management—flies in the face of so-called “collaborative” agreements being pushed by the Bush administration, which are supposed to protect certain areas while maintaining others for motorized use. The first report was the result of a fly-over of the Bob Marshall Wilderness, the Mission Mountains Wilderness and the Jewel Basin Hiking Area by personnel from the Flathead National Forest. What they found was not encouraging. Despite the fact that these areas are permanently closed to snowmobiling and all other motorized use, the overflight spotted snowmobile tracks in all three areas. Sadly, this is not an isolated case where someone accidentally wandered into an area, unaware they had crossed the wilderness boundary. The same thing has been prevalent for years in the Beartooth Wilderness, where the deep snowpack and high mountains seem irresistible to snowmobile scofflaws who live to charge their howling machines up steep mountain faces as high as they can get before turning them back downhill....
Congressmen urged to protect Roan Plateau Local government officials, environmentalists and wildlife advocates urged Colorado's two Western Slope congressmen Thursday to protect the Roan Plateau from oil and gas leasing. A rugged mesa towering over the landscape from Rifle to Parachute, the Roan Plateau is home to thousands of acres of wilderness and wildlife habitat. It also is a potential bonanza of natural gas largely untapped by the wave of oil and gas drilling sweeping western Colorado. The U.S. Bureau of Land Management proposed a plan last year to limit drilling so some of the gas can be drawn out while preserving most of the plateau. But the congressmen were asked to bring pressure on federal land managers to withdraw the Roan from leasing until more protections are in place....
Shell’s oil shale project requires more test time Royal Dutch Shell needs a little more time to decide if it will proceed with a commercial oil shale project in western Colorado, a company official said Thursday during a Rifle open house. Shell Mahogany Project spokeswoman Jill Davis said earlier plans to make that decision by the end of this decade have been pushed back to shortly after 2010. “We just need a little more time to get our test projects going on the federal leases,” she said. “Those leases took a little more time than we thought.” It also will take Shell at least a year to get all the permits needed to start work on three, 160-acre leases in Rio Blanco County, received from the Bureau of Land Management last year. Shell plans to further test its in-ground mining process that uses rows of electric heaters to cook the shale oil out of the rock and pump it to the surface. Those tests will require a peak construction workforce of 560 workers, many of them to be housed in temporary quarters nearby....
Wild Stallion Shot in Tooele, $8,000 Reward The Bureau of Land Management is offering a reward for information about the shooting of a wild stallion. The shooting occurred on BLM land in Tooele County, and the horse suffered for several weeks before authorities put it out of its misery. An $8,000 reward has been put up by the BLM, the National Mustang Association and the Intermountain Horse and Burro Advisors group. The groups are very upset that someone would shoot the animal and then leave it to suffer. Gus Warr, Bureau of Land Management: "It's very disturbing. It really tears at me emotionally that someone would go out there and take it upon themselves and injure an animal, walk away and let it suffer." Sometime between late December and mid-January, someone shot a nine-year-old black stallion that had been roaming in Utah's west desert since 2001....
State distances itself from climatologist Gov. Ruth Ann Minner has directed Delaware's state climatologist to stop using his title in public statements on climate change, citing a clash of views on global warming and confusion over the position's ties to the administration. Minner, who made the directive in a letter, described the move as a way to "clarify" the role of David R. Legates, a prominent skeptic of views that human activities are warming the planet and triggering climate shifts. Minner said she has long viewed human-caused carbon emissions as a contributor to climate change. The state also joined a multistate effort in 2005 aimed at reducing power plant greenhouse gas emissions. In the letter, sent last week, Minner said Legates had provided valuable advice to the state on weather issues. She also acknowledged that the scientist had not claimed to represent the state government's position on the need to control pollutants linked to global warming. But Minner said that reports of Legates' work with private groups and privately backed publications disputing climate change had "generated some confusion." "Your views on climate change, as I understand them, are not aligned with those of my administration," Minner wrote....
U.S. says will use risk-based meat inspection plan In a move derided by meat packers and consumers, federal meat inspectors will start conducting "risk-based" inspections at 254 processing plants in April, under a plan detailed by the Agriculture Department on Thursday. The plan calls for devoting more attention to plants where the government has higher concerns over meat safety, U.S. officials said. But the USDA's Food Safety and Inspections Service will still continue daily inspection of all processing plants, said Richard Raymond, agriculture undersecretary for food safety. Raymond touted the changes as a way to boost protection against meat contamination. Under the new system, the level of inspections at a plant would be pegged to its safety record, including prior inspection and microbiological tests. The consumer group Food and Water Watch said USDA's existing data is incomplete and not precise enough to know how plants are performing. The American Meat Institute, a trade group for packers, criticized USDA for the "hasty roll-out" of the plan without testing the idea or being sure of industry and consumer support....
FLE
Cop called 'double agent'in Ramos-Compean case The father-in-law of imprisoned Border Patrol Agent Ignacio Ramos is calling for an investigation of Border Patrol Agent Rene Sanchez – a longtime friend of the Mexican drug smuggler granted immunity to testify against Ramos and incarcerated fellow agent Jose Compean – as a possible "double agent." "I believe Rene Sanchez acted as a 'double agent' in the Ramos-Compean case," Joe Loya, father of Ramos's wife Monica, told WND. "He was doing everything he could to protect his life-long friend, Osbaldo Aldrete-Davila, but at the same time he was working with Johnny Sutton to make sure Ramos and Compean were convicted." Loya further charged that he had reason to believe "Rene Sanchez's actions make it look like he could have been in the drug business with Aldrete-Davila all along. The Department of Homeland Security never investigated, and from the beginning of this case Johnny Sutton was out to prosecute the Border Patrol, not the drug smugglers." As WND has previously reported, Sanchez and Aldrete-Davila grew up together in Mexico, prompting some observers – including Friends of the Border Patrol chairman Andy Ramirez – to question the propriety of a family friend of Aldrete-Davila playing such a major role in reporting the Ramos-Compean incident involving the drug smuggler. Yet later, during the trial, Aldrete-Davila testified that Rene Sanchez suggested he should get immunity to testify against Ramos and Compean, get medical attention in the U.S. for his injury and consider filing a lawsuit against the Border Patrol. The drug smuggler further testified Sanchez was the person who helped him find an attorney in the U.S. to represent him when he testified for the prosecution at the Ramos-Compean trial and to sue the Border Patrol for violating his civil rights....
Judge denies freedom plea by jailed ex-agents A federal appeals court judge yesterday denied a motion by former U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean that they be released from prison pending appeals in their convictions for shooting a drug-smuggling suspect. Ramos, 37, and Compean, 28, were sentenced to 11- and 12-year prison terms for shooting Osbaldo Aldrete-Davila in the buttocks as he fled near Fabens, Texas, back into Mexico after abandoning 743 pounds of marijuana. They sought release pending the outcome of their appeals, but the motion was denied by U.S. District Judge Fortunato Pedro "Pete" Benavides of the 5th U.S. Circuit Court of Appeals, sitting in Austin, Texas, who said the men "had not shown unique or unusual circumstances that justify their release based on an exceptional reason." Judge Benavides granted a motion by Ramos that his appeal be sealed and ordered the government's response to both men's motions sealed....
Border agents' case inspires song A Southern California musician has written and recorded a song to support imprisoned Border Patrol agents Ignacio Ramos and Jose Compean, whose case has stirred a congressional and grass-roots protest against the Bush administration. Michael Britton, who makes a living performing an acoustic one-man-band show, said he was inspired to act when he learned details of the case. Ramos and Compean were convicted and sentenced to 11 and 12 years in prison respectively after a drug smuggler they shot fleeing across the border was given immunity to testify against them. "I'm upset that men like Ramos and Compean are sitting in federal prison simply for doing their jobs, while drug smugglers are allowed to go free and sue the Border Patrol for violating their 'civil rights,'" he said....Go to the link to the article and you can listen to the song.
Sheriff: Deputy prosecuted by Mexico's demand Investigators had no plans to bring charges against Texas Sheriff's Deputy Gilmer Hernandez until the Mexican government intervened and demanded it, the officer's supervisor told WND. Sheriff Don Letsinger of Rocksprings, Texas, said the Texas Rangers were not going to recommend prosecution, but federal law enforcement took over the case in response to the Mexican government's intervention. Also, in the high-profile case of border agents Ignacio Ramos and Jose Compean, the Department of Homeland Security investigation was opened March 4, 2005, the same date the Mexican Consulate demanded prosecution for the shooting of drug smuggler Osvaldo Aldrete-Davila, according to numerous agency investigative reports authored by Special Agent Christopher Sanchez. WND can find no documentation of any Border Patrol investigation launched against Ramos or Compean prior to that date. In both trials, WND has uncovered indications the prosecutor, U.S. Attorney Johnny Sutton, withheld key, possibly exculpatory, information from the defense and the juries. Hernandez stopped a van full of illegals for running a stop sign April 14, 2005, in Rocksprings. The driver attempted to run over Hernandez, prompting the officer to fire his weapon at the rear tires. A bullet fragment hit a Mexican woman in the mouth, cutting her lip and breaking two teeth. Hernandez, convicted of felony civil rights violations, is incarcerated in Del Rio, Texas, awaiting sentencing. "Deputy Hernandez had a right to stop that vehicle," Letsinger told WND. "Can you look at what happened and say that Deputy Hernandez intentionally wanted to injure someone in that vehicle? You cannot. Deputy Hernandez did not want to injure anyone that day. He fired at the tires to stop the vehicle and he was justified in doing so."....
Judicial Watch seeks Ramos-Compean records The government watchdog Judicial Watch has filed several Freedom of Information Act requests in the case of Border Patrol agents Ignacio Ramos and Jose Compean, who were sentenced to 11 and 12 years in prison in the shooting of a drug smuggler given immunity to testify against them. Judicial Watch Director of Research Chris Farrell told WND his group is seeking relevant records and communications from the State Department, several agencies within the Department of Homeland Security and the Justice Department, including the U.S. Attorney's Office for the Western District of Texas, which prosecuted the case. Judicial Watch requests information concerning: Drug smuggler Osbaldo Aldrete-Davila. * Any U.S. government "deals" with Aldrete-Davila. * U.S. government communications with the Mexican government concerning Aldrete-Davila and/or the prosecution of Ramos and Compean. * The participation of U.S. government personnel in coordinating, facilitating and/or approving the lawful entry or entries of Aldrete-Davila into the U.S.* The terms and conditions permitting Aldrete-Davila to lawfully enter the U.S....
Feinstein still probing Ramos-Compean case The office of Sen. Patrick Leahy confirmed to WND the Vermont Democrat has given Sen. Dianne Feinstein, D-Calif., permission to investigate the prosecution and sentencing of Border Patrol agents Jose Compean and Ignacio Ramos. As WND reported, Feinstein, who said she believes the sentences were "extreme," postponed the hearings, originally scheduled for Feb. 27. Leahy's office told WND Feinstein has the authority to schedule hearings on the case whenever she chooses. Feinstein is chairwoman of the Subcommittee on Terrorism, Technology, and Homeland Security. The California senator's office confirmed to WND an investigation into the border agents' prosecution and sentencing is underway, but no hearing dates have been scheduled....
Ramos attorney calls for mistrial The prosecutor in the high-profile case that sent border agents Ignacio Ramos and Jose Compean to prison never showed the defense a potentially exculpatory Department of Homeland Security memo. The document, an April 12, 2005, memo by Special Agent Christopher Sanchez, was first made public by WND in a report published Feb. 6. Mary Stillinger, attorney for Ramos, confirmed she learned of the memo from the WND story. "This is huge," Stillinger told WND, arguing the government's failure to disclose the document to the defense denied her client his right to a fair trial and establishes the basis for declaring a mistrial. "The government has a 'Jencks Act requirement' to give us any written statements by DHS Special Agent Christopher Sanchez before the defense cross-examined him," Stillinger told WND. The Jencks Act requires prior statements of a witness be turned over to the defense before the defense begins cross-examination. "The prosecution could have waited until they questioned Sanchez at trial," Stillinger noted, "but they had an obligation to turn that document over to the defense before we started our cross-examination."....
Man shot in altercation with Border Patrol agents A Border Patrol agent shot a suspected illegal entrant three times early Wednesday morning at a Rio Rico gas station after the man became combative and reportedly started throwing rocks, officials said. The shooting victim, believed to be between 20-30 years old who has not yet identified, was in stable condition Wednesday morning with non-life threatening injuries after being airlifted to a Tucson hospital, said Santa Cruz County Sheriff Tony Estrada. The man suffered a wound to his arm and a grazing wound to his torso, he said. The encounter occurred shortly after 4 a.m. at the Pilot gas station/fast-food store just south of Rio Rico off of Interstate 19. Three Border Patrol agents were at the gas station on break to get coffee when they spotted a man they suspected was an illegal border crosser near the gas pump, Estrada said. When they approached him to ask him questions to determine his immigration status, he refused to answer and became combative. At one point, he pointed his finger at them and threatened to kill them, Estrada said. The agents, including one supervisor, called and asked for assistance from a Santa Cruz County Sheriff's deputy, who arrived within minutes, Estrada said. He was there with the people involved for a few minutes but was walking back to his vehicle when he heard shots fired, Estrada said. The man had reportedly picked up a rock and launched it at the agents, prompting the shooting, Estrada said. The deputy wasn't leaving the scene, but its unclear why he was walking back to his car, he said....
Cop called 'double agent'in Ramos-Compean case The father-in-law of imprisoned Border Patrol Agent Ignacio Ramos is calling for an investigation of Border Patrol Agent Rene Sanchez – a longtime friend of the Mexican drug smuggler granted immunity to testify against Ramos and incarcerated fellow agent Jose Compean – as a possible "double agent." "I believe Rene Sanchez acted as a 'double agent' in the Ramos-Compean case," Joe Loya, father of Ramos's wife Monica, told WND. "He was doing everything he could to protect his life-long friend, Osbaldo Aldrete-Davila, but at the same time he was working with Johnny Sutton to make sure Ramos and Compean were convicted." Loya further charged that he had reason to believe "Rene Sanchez's actions make it look like he could have been in the drug business with Aldrete-Davila all along. The Department of Homeland Security never investigated, and from the beginning of this case Johnny Sutton was out to prosecute the Border Patrol, not the drug smugglers." As WND has previously reported, Sanchez and Aldrete-Davila grew up together in Mexico, prompting some observers – including Friends of the Border Patrol chairman Andy Ramirez – to question the propriety of a family friend of Aldrete-Davila playing such a major role in reporting the Ramos-Compean incident involving the drug smuggler. Yet later, during the trial, Aldrete-Davila testified that Rene Sanchez suggested he should get immunity to testify against Ramos and Compean, get medical attention in the U.S. for his injury and consider filing a lawsuit against the Border Patrol. The drug smuggler further testified Sanchez was the person who helped him find an attorney in the U.S. to represent him when he testified for the prosecution at the Ramos-Compean trial and to sue the Border Patrol for violating his civil rights....
Judge denies freedom plea by jailed ex-agents A federal appeals court judge yesterday denied a motion by former U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean that they be released from prison pending appeals in their convictions for shooting a drug-smuggling suspect. Ramos, 37, and Compean, 28, were sentenced to 11- and 12-year prison terms for shooting Osbaldo Aldrete-Davila in the buttocks as he fled near Fabens, Texas, back into Mexico after abandoning 743 pounds of marijuana. They sought release pending the outcome of their appeals, but the motion was denied by U.S. District Judge Fortunato Pedro "Pete" Benavides of the 5th U.S. Circuit Court of Appeals, sitting in Austin, Texas, who said the men "had not shown unique or unusual circumstances that justify their release based on an exceptional reason." Judge Benavides granted a motion by Ramos that his appeal be sealed and ordered the government's response to both men's motions sealed....
Border agents' case inspires song A Southern California musician has written and recorded a song to support imprisoned Border Patrol agents Ignacio Ramos and Jose Compean, whose case has stirred a congressional and grass-roots protest against the Bush administration. Michael Britton, who makes a living performing an acoustic one-man-band show, said he was inspired to act when he learned details of the case. Ramos and Compean were convicted and sentenced to 11 and 12 years in prison respectively after a drug smuggler they shot fleeing across the border was given immunity to testify against them. "I'm upset that men like Ramos and Compean are sitting in federal prison simply for doing their jobs, while drug smugglers are allowed to go free and sue the Border Patrol for violating their 'civil rights,'" he said....Go to the link to the article and you can listen to the song.
Sheriff: Deputy prosecuted by Mexico's demand Investigators had no plans to bring charges against Texas Sheriff's Deputy Gilmer Hernandez until the Mexican government intervened and demanded it, the officer's supervisor told WND. Sheriff Don Letsinger of Rocksprings, Texas, said the Texas Rangers were not going to recommend prosecution, but federal law enforcement took over the case in response to the Mexican government's intervention. Also, in the high-profile case of border agents Ignacio Ramos and Jose Compean, the Department of Homeland Security investigation was opened March 4, 2005, the same date the Mexican Consulate demanded prosecution for the shooting of drug smuggler Osvaldo Aldrete-Davila, according to numerous agency investigative reports authored by Special Agent Christopher Sanchez. WND can find no documentation of any Border Patrol investigation launched against Ramos or Compean prior to that date. In both trials, WND has uncovered indications the prosecutor, U.S. Attorney Johnny Sutton, withheld key, possibly exculpatory, information from the defense and the juries. Hernandez stopped a van full of illegals for running a stop sign April 14, 2005, in Rocksprings. The driver attempted to run over Hernandez, prompting the officer to fire his weapon at the rear tires. A bullet fragment hit a Mexican woman in the mouth, cutting her lip and breaking two teeth. Hernandez, convicted of felony civil rights violations, is incarcerated in Del Rio, Texas, awaiting sentencing. "Deputy Hernandez had a right to stop that vehicle," Letsinger told WND. "Can you look at what happened and say that Deputy Hernandez intentionally wanted to injure someone in that vehicle? You cannot. Deputy Hernandez did not want to injure anyone that day. He fired at the tires to stop the vehicle and he was justified in doing so."....
Judicial Watch seeks Ramos-Compean records The government watchdog Judicial Watch has filed several Freedom of Information Act requests in the case of Border Patrol agents Ignacio Ramos and Jose Compean, who were sentenced to 11 and 12 years in prison in the shooting of a drug smuggler given immunity to testify against them. Judicial Watch Director of Research Chris Farrell told WND his group is seeking relevant records and communications from the State Department, several agencies within the Department of Homeland Security and the Justice Department, including the U.S. Attorney's Office for the Western District of Texas, which prosecuted the case. Judicial Watch requests information concerning: Drug smuggler Osbaldo Aldrete-Davila. * Any U.S. government "deals" with Aldrete-Davila. * U.S. government communications with the Mexican government concerning Aldrete-Davila and/or the prosecution of Ramos and Compean. * The participation of U.S. government personnel in coordinating, facilitating and/or approving the lawful entry or entries of Aldrete-Davila into the U.S.* The terms and conditions permitting Aldrete-Davila to lawfully enter the U.S....
Feinstein still probing Ramos-Compean case The office of Sen. Patrick Leahy confirmed to WND the Vermont Democrat has given Sen. Dianne Feinstein, D-Calif., permission to investigate the prosecution and sentencing of Border Patrol agents Jose Compean and Ignacio Ramos. As WND reported, Feinstein, who said she believes the sentences were "extreme," postponed the hearings, originally scheduled for Feb. 27. Leahy's office told WND Feinstein has the authority to schedule hearings on the case whenever she chooses. Feinstein is chairwoman of the Subcommittee on Terrorism, Technology, and Homeland Security. The California senator's office confirmed to WND an investigation into the border agents' prosecution and sentencing is underway, but no hearing dates have been scheduled....
Ramos attorney calls for mistrial The prosecutor in the high-profile case that sent border agents Ignacio Ramos and Jose Compean to prison never showed the defense a potentially exculpatory Department of Homeland Security memo. The document, an April 12, 2005, memo by Special Agent Christopher Sanchez, was first made public by WND in a report published Feb. 6. Mary Stillinger, attorney for Ramos, confirmed she learned of the memo from the WND story. "This is huge," Stillinger told WND, arguing the government's failure to disclose the document to the defense denied her client his right to a fair trial and establishes the basis for declaring a mistrial. "The government has a 'Jencks Act requirement' to give us any written statements by DHS Special Agent Christopher Sanchez before the defense cross-examined him," Stillinger told WND. The Jencks Act requires prior statements of a witness be turned over to the defense before the defense begins cross-examination. "The prosecution could have waited until they questioned Sanchez at trial," Stillinger noted, "but they had an obligation to turn that document over to the defense before we started our cross-examination."....
Man shot in altercation with Border Patrol agents A Border Patrol agent shot a suspected illegal entrant three times early Wednesday morning at a Rio Rico gas station after the man became combative and reportedly started throwing rocks, officials said. The shooting victim, believed to be between 20-30 years old who has not yet identified, was in stable condition Wednesday morning with non-life threatening injuries after being airlifted to a Tucson hospital, said Santa Cruz County Sheriff Tony Estrada. The man suffered a wound to his arm and a grazing wound to his torso, he said. The encounter occurred shortly after 4 a.m. at the Pilot gas station/fast-food store just south of Rio Rico off of Interstate 19. Three Border Patrol agents were at the gas station on break to get coffee when they spotted a man they suspected was an illegal border crosser near the gas pump, Estrada said. When they approached him to ask him questions to determine his immigration status, he refused to answer and became combative. At one point, he pointed his finger at them and threatened to kill them, Estrada said. The agents, including one supervisor, called and asked for assistance from a Santa Cruz County Sheriff's deputy, who arrived within minutes, Estrada said. He was there with the people involved for a few minutes but was walking back to his vehicle when he heard shots fired, Estrada said. The man had reportedly picked up a rock and launched it at the agents, prompting the shooting, Estrada said. The deputy wasn't leaving the scene, but its unclear why he was walking back to his car, he said....
Thursday, February 22, 2007
The Man Who Would Not Be King
posted by David Boaz
Today is the 275th anniversary of George Washington’s birth, although the federal government has instructed us to observe Washington’s Birthday (not Presidents’ Day) on a convenient Monday sometime before the actual date. There’s a reason that we should celebrate George Washington rather than a panoply of presidents. As I wrote last year: George Washington was the man who established the American republic. He led the revolutionary army against the British Empire, he served as the first president, and most importantly he stepped down from power…. [Washington] held “republican” values – that is, he believed in a republic of free citizens, with a government based on consent and established to protect the rights of life, liberty, and property. From his republican values Washington derived his abhorrence of kingship, even for himself. The writer Garry Wills called him “a virtuoso of resignations.” He gave up power not once but twice – at the end of the revolutionary war, when he resigned his military commission and returned to Mount Vernon, and again at the end of his second term as president, when he refused entreaties to seek a third term. In doing so, he set a standard for American presidents that lasted until the presidency of Franklin D. Roosevelt, whose taste for power was stronger than the 150 years of precedent set by Washington. Give the last word to Washington’s great adversary, King George III. The king asked his American painter, Benjamin West, what Washington would do after winning independence. West replied, “They say he will return to his farm.” “If he does that,” the incredulous monarch said, “he will be the greatest man in the world.”
posted by David Boaz
Today is the 275th anniversary of George Washington’s birth, although the federal government has instructed us to observe Washington’s Birthday (not Presidents’ Day) on a convenient Monday sometime before the actual date. There’s a reason that we should celebrate George Washington rather than a panoply of presidents. As I wrote last year: George Washington was the man who established the American republic. He led the revolutionary army against the British Empire, he served as the first president, and most importantly he stepped down from power…. [Washington] held “republican” values – that is, he believed in a republic of free citizens, with a government based on consent and established to protect the rights of life, liberty, and property. From his republican values Washington derived his abhorrence of kingship, even for himself. The writer Garry Wills called him “a virtuoso of resignations.” He gave up power not once but twice – at the end of the revolutionary war, when he resigned his military commission and returned to Mount Vernon, and again at the end of his second term as president, when he refused entreaties to seek a third term. In doing so, he set a standard for American presidents that lasted until the presidency of Franklin D. Roosevelt, whose taste for power was stronger than the 150 years of precedent set by Washington. Give the last word to Washington’s great adversary, King George III. The king asked his American painter, Benjamin West, what Washington would do after winning independence. West replied, “They say he will return to his farm.” “If he does that,” the incredulous monarch said, “he will be the greatest man in the world.”
NEWS ROUNDUP
V.P.-Turned-Environmentalist Al Gore Creates Frenzy At U. Of T. He's a former Vice-President of the United States. His movie, "An Inconvenient Truth", is up for an Oscar. And he's the poster boy for the environment - printed on recycled paper of course. All of which is making Al Gore a hot ticket in Toronto. The American politician turned environmentalist came to the U. of T. Wednesday night for a long awaited speech, and there were throngs of fans to greet him. So were ticket scalpers, who are seeing a different type of green. Reports indicate more than 20,000 people were trying to get their hands on a ducat for the event. But there's only room for 1,500 of them inside. What tickets there were originally cost $20. They sold out almost immediately. "We had about 23,000 hits on our website, which of course collapsed the website because we couldn't sustain it," muses the U. of T.'s Ingrid Stefanovic. "So there's been a huge enthusiasm for the event." And not just huge but expensive. The demand was so high that on the Internet auction site Craig's List, people were offering up to $500 for a single pass....
Wyo. Senate turns back industry amendment A move to remove a section that industry doesn't like from a bill reforming Wyoming's eminent domain law failed Tuesday on a tie vote in the Senate. The Senate went on to adopt House Bill 124 on a strong voice vote. It comes up today or second reading in the Senate. The contentious section in the bill says fair market value can be determined by the price paid for other comparable easements. It also allows disclosure of confidential settlement agreements if a case goes to court and the judge agrees the sales price is relevant to a claim. Opponents of the section argue it will lead to more court cases if left in the bill. They also contend the existing eminent domain law works well and doesn't need a fix. The original purpose of the bill is a response to a U.S. Supreme Court decision in a case out of Connecticut. In that case the court upheld the action of a public government entity which condemned private property and transferred it to a private entity for development....See email from Laura Goodman
Midland oilman shares water study plans An Austin hydrology and water resource specialist firm will conduct a year-long study of an aquifer under Clayton Williams' farm and the Belding area in Pecos County. Plans were presented Tuesday at Middle Pecos Groundwater Conservation District meeting in the Pecos County Courthouse in Fort Stockton. The meeting was set for January, but was postponed due to weather. Williams, a Midland oilman who grew up in Fort Stockton, said he studied the water under his property in the early 1980s and this is just an extension. The information will be available first to the groundwater district, then to the public through the board. Purposes of the study are to get updated information about the Edwards-Trinity aquifer and well conditions, compile data into a form that can be updated continuously and assess groundwater conditions, water quality and recharge, Thornhill Group President Mike Thornhill said. "We already know there's enough water just from producing wells to last 55 years. We know there's recharge. We want to make sure Fort Stockton has enough, not only for today, but for growth," Williams said. "We'll take the study one step at a time. If at some point Midland needs the water and we can make the economics work," Williams indicated he could sell some to Midland. " ... But that's an if."....
Pipelines studied for coalbed water The Wyoming Pipeline Authority is trying to determine whether it makes sense to develop a network of pipelines to carry coalbed methane water away from the Powder River Basin and discharge it into the North Platte or Bighorn rivers. Don Likwartz, supervisor of the Wyoming Oil and Gas Conservation Commission, said the amount of water being discharged by coalbed methane wells is growing rapidly. He said that by the end of October 2006, the industry already had produced more water than it did in all of 2005. When the final numbers are in, Likwartz expects the industry will have produced 680 million barrels of water last year. "It's going to be the highest year ever for water production," he said. Some view that as a problem because of what's in the water. Some ranchers and landowners complain that salts and other compounds in the discharged water kill trees and grass. Environmental regulators in Montana have sued Wyoming in an attempt to get the state to regulate methane water discharges into rivers that flow into Montana....
Wyo. Panel angrily rejects bill on wolf plan Several legislators who voted against a proposed wolf management bill Wednesday expressed bitter frustration with how the federal government has treated the state since the predators were reintroduced in the northern Rocky Mountains more than a decade ago. "I'm frustrated. I'm irritated," said Rep. Pat Childers, R-Cody, chairman of the House Travel, Recreation, Wildlife and Cultural Resources Committee. "Quite frankly, I'm pissed with the Fish and Wildlife Service." Childers' committee unanimously rejected a proposed Senate bill and associated amendments that would have accepted the federal government's proposal to designate a permanent management area in northwestern Wyoming. The committee vote came after several ranchers, outfitters and representatives of agricultural groups testified that wolves are killing too many elk, moose and livestock in the state....
Wolf center seeking to breed two endangered species Just beyond a path of wood chips, a gray wolf peers out from its fenced-in enclosure. The 7-year-old male, Lukas, is one of the Wolf Conservation Center's "ambassador" wolves, shown to visitors to help dispel myths about an animal that has fascinated and frightened humans. Farther up the path, past a roped-off area, are two enclosures for the center's more elusive residents - breeding pairs of Mexican gray wolves and red wolves, endangered species driven to near extinction in the 20th century. The breeding pairs don't have names. They are not shown to the public and are mostly hidden by plastic slats in their fencing to minimize contact with people and to lessen distractions during the breeding season - which ends this month. The breeding pairs are part of federal programs designed to bolster the population of both species so they can be reintroduced to their traditional ranges - the Southwest for the Mexican gray wolf and the southeastern United States for the red wolf....
Tre Arrow offers wrong lessons Tre Arrow spends his days in the Wilkinson Road jail, waiting for the legal system to deal with an extradition order that would send him back to the U.S. Before he was arrested for shoplifting in Victoria, Arrow was on the U.S. Federal Bureau of Investigation's most wanted list, accused of firebombing and burning logging and gravel trucks in Oregon. Since his arrest, he has pleaded guilty to the shoplifting charge and applied for refugee status. Arrow -- who changed his name from Michael Scarpitti for spiritual reasons -- is an environmental activist who will go any length for his cause. What makes Arrow different? Well, he has a network of supporters and $350,000 has been collected for his legal war chest. And the other inmates aren't guest lecturers in local schools....
Some wildland firefighters shun top ranks, poll finds A survey of wildland firefighters indicates many are reluctant to volunteer for supervisory jobs after an incident commander was criminally charged in the deaths of four firefighters in Washington state. But a spokeswoman for federal firefighting agencies said Wednesday there has been no decline in the numbers of firefighters signing up to lead management teams. Ellreese Daniels, a former U.S. Forest Service incident commander, was charged in federal court here last month with involuntary manslaughter and lying to investigators in the wake of the deaths of four firefighters in the Thirtymile Fire in Okanogan County in July 2001. Responding to concerns that the federal charges would make wildfire incident commanders more reluctant to serve if their decisions could lead to a prison sentence, the International Association of Wildland Fires conducted an online survey of its members Jan. 28-Feb. 15....
A speck of a species – felling pines across West The pristine mountainsides of the Gore Range, across the lower Blue River Valley, have taken on a new color lately. The red hue stretching like fingers through the normally dark-green forests is a telltale sign – even from a distance – of the devastation being wreaked by a tiny culprit, about the size of a match head: the mountain pine beetle. This color is becoming increasingly common in northern Colorado and throughout the West as the tiny beetle lays waste to vast swaths of vulnerable lodgepole pine forests, typically monocultures of trees that are weakened by drought and are all about the same mature age – perfect fodder for the voracious beetle. The destruction, which has killed millions of lodgepole pines in Colorado alone, will alter the look of the landscape and is a risk to local economies that depend on mountain tourism. It's also prompting a major response because of concerns about the threat to life and property from falling trees, as well as the increased risk of wildfire. "The forest is resetting itself on a landscape scale," says Jim Maxwell, a US Forest Service spokesman for the Rocky Mountain region....
Audit shows Interior workers exposed Workers at the massive U.S. Department of Interior headquarters in downtown Washington are exposed to potentially hazardous waste and life-threatening fire hazards, according to an internal audit. The findings come as employee health complaints have skyrocketed in connection with the large-scale renovation of the 71-year-old building, according to Public Employees for Environmental Responsibility, the D.C.-based organization that released the audit Wednesday. Interior officials said they expected to find health and safety violations when they requested the audit. Most of the findings stemmed from the modernization work itself, such as the removal of asbestos and installation of new electrical systems. “The buildings are completely safe for employees and visitors,” spokesman Frank Quimby said. Officials have already started addressing the findings....
Sharpshooters cull deer in northwestern Minnesota Sharpshooters are culling deer in northwestern Minnesota to try to stop the spread of bovine tuberculosis. Six sharpshooters with the U.S. Department of Agriculture began killing deer on Tuesday at 56 baited sites in an area east of Thief River Falls, and more shooters are expected to arrive this week. Minnesota Department of Natural Resources wildlife health program coordinator Michelle Powell said the culling likely will continue through March. She estimates that hundreds of deer will be shot. The deer are being killed in an area where an outbreak of bovine tuberculosis has infected both cattle and wild deer. DNR aerial surveys indicate there are about 1,000 deer in the area. "It's extremely critical," Powell said. "The risk of not stopping it basically means an ongoing transmission potential between deer and cattle."....
Anti-cruelty bill advances (Colo) A sweeping animal protection bill that would ban everything from bestiality to dogs' riding unrestrained in the back of pickups was endorsed by the House Judiciary Committee on Wednesday. The bill also would extend domestic violence protection orders to pets, make it easier to pursue felony charges in animal abuse cases, remove a requirement that veterinarians get a court order to euthanize some seriously injured or abused animals and change the definition of dangerous dogs. But rural lawmakers objected to its broad nature and the pickup ban. "What I see is a real difference between urban and rural Colorado," Rep. Amy Stephens, R-Monument, said of the pickup provision, which includes an exemption for ranching and farming. "If anyone's been out to the Western Slope lately, that's how the dog goes to work. That's how the dog travels with the family." Indeed, some witnesses expressed concern that the measure would hinder the ability of ranchers and rural law enforcement officers to shoot injured animals without a veterinarian's consent....
Mad-cow scrutiny is scaled way back While Washington ranchers are raising a fuss over Canadian cattle and the danger of mad-cow disease, the region's only mad-cow testing lab is quietly preparing to close March 1. The lab at Washington State University in Pullman opened after the nation's first mad-cow case spurred a flurry of new safeguards against the fatal, brain-wasting disease. But three years later, many of those measures are being dismantled. Others proposed after the infected dairy cow was discovered in Mabton, Yakima County, never materialized. The U.S. Department of Agriculture (USDA) recently scaled back mad-cow testing by more than 90 percent, leading to closure of the WSU lab and several others around the country. The agency has backed off plans for a mandatory animal-tracking system, which can help identify the source of an infection and other animals at risk, and now says the program will be voluntary. Several of the unappetizing — and risky — practices that came to light in the wake of the initial mad-cow case are still allowed, including the use of cow blood as a food supplement for calves. And even the prohibition on slaughtering sickly cows, called downers, for human consumption has not been made permanent, though it is being enforced....
Sitting Bull's kin seek home for chief's bones Sitting Bull's four surviving great-grandchildren want the bones of their famous ancestor moved from a cement-clad grave in South Dakota to Little Bighorn Battlefield in Montana. Ernie LaPointe of Lead, S.D., the spokesman for the family, said that for 50 years, Sitting Bull's grave on the Standing Rock Sioux Reservation near Mobridge, S.D., has been neglected and dishonored. Now, LaPointe says, new owners of the property plan to exploit the legendary Lakota political and spiritual leader's memory. LaPointe and his sisters, Marlene Little Spotted Horse Andersen, Ethel Little Spotted Horse Bates and Lydia Little Spotted Horse Red Paint, sent letters Wednesday advising government and tribal officials in the Dakotas and Montana of their intent to have the remains moved. "This is to notify you and other interested parties of family right and authority to re-inter our Great-Grandfather Sitting Bull to Little Bighorn Battlefield National Monument, Montana," it says. "We do this because North Dakota, South Dakota and the Standing Rock Sioux Tribe have not honored their promise for proper care and maintenance of our Grandfather's burial site."....
Bones aren't Sitting Bull's, some say Some contend that the bones cemented into the ground at Mobridge, S.D., aren't those of Sitting Bull, but of an unknown man placed in his grave in the middle of the night after the Hunkpapa Sioux leader's death. For a century or more, rumors have circulated that Sitting Bull's body was spirited away by his followers and reburied in Canada. That's the story Jerome First Jr., 70, of Poplar, heard from his father and grandfathers. "Years ago, when I was younger, my Dad told me that when Sitting Bull was sick and near death that he told the old chiefs he wanted to be buried in Turtle Mountain just across the border in Canada where he went after the Little Bighorn," First said. Even before Sitting Bull was killed Dec. 15, 1890, he knew he was dying, First said. "Sitting Bull had a dream of his death and he knew there would be a fight over his grave," First recounted....
Great leader cast his legend in Eastern Montana Sitting Bull will be on familiar ground should his remains be re-interred at Little Bighorn Battlefield. He knew Eastern Montana well. The Lakota recognized no state boundaries in their nomadic world. Sitting Bull often camped north of the Yellowstone in the winter and hunted south of it during the summer. He prayed here, sought visions here and did battle here for nearly 30 years. At midlife, the legendary Sioux war chief and spiritual leader forged the mightiest alliance of Indian forces on the Northern Plains and won his greatest victory here. Montana knew him at the height of his power, before his sad subjection and violent death. Sitting Bull was born along the Grand River in what is now South Dakota sometime in the 1830s. Euro-Americans were already trickling toward the frontiers of the Northern Plains, displacing native populations as they advanced. The Lakota were feeling the pressure as they roamed a huge territory that included the Dakotas and parts of Nebraska, Montana and Wyoming. As they ranged westward, the Lakota increasingly clashed with other tribes in ever-shrinking Indian Country....
Art of the Saddle comes to Museum Fans of western movies and sophisticated scholars of history alike recognize the importance of the horse in the winning of the West. (Humorists often point out that, back in the old days, girlfriends and wives sometimes ran a poor second compared to a favorite Cayuse.) As revered as these four-footed friends were, however, it was the western saddle that made days, even weeks, of riding possible for cowboys, soldiers and outlaws. Beginning March 10 and continuing through Sept. 2, artful examples of this indispensable gear will come out of history's shadows and into the spotlight at the Desert Caballeros Western Museum. The exhibition entitled “Art of the Saddle: A Leather Canvas in Miniature” will feature half-scale saddles designed and constructed by Wickenburg's Carson Thomas. “These are functional art forms as well as pieces of history,” said Museum Director Royce Kardinal. “Our exhibit will dramatize their significance from the 1830s to present day.”....
Rodeo show took rural cowgirls all the way to New York City When MaryAnn Mayfield Stephen went to New York in 1950 to promote the Dublin-based World Championship Rodeo, she performed alongside Milton Berle on "Texaco Star Theater." And she was so young and naive, she didn't even know Berle was the biggest star in the early days of television. In fact, when she began performing her trick-roping stunts, she scolded Berle for touching her ropes. "We didn't have television, so I had no idea who he was," Stephen said. "That shows you where I was from." The cowgirls who rode in the Dublin World Championship Rodeo may have been from the country. But in the middle of the 20th century, they participated in a sparkling spectacle that took them from Erath County all the way to New York City. Whether they were performing in the Quadrille (a square dance with horses), trick riding or roping, the women combined beauty, grace, skill and athletic ability. These were accomplished horsewomen — most could ride before they could walk — and they often performed their stunts while riding horses galloping at top speed. They dressed in sleek, flamboyant western pant suits that most made themselves. And they entertained thousands of people across the country. The World Championship Rodeo was directed by rancher and rodeo promoter Everett Colborn. He put Dublin, about 95 miles east of Abilene, on the map as the Rodeo Capital of Texas from 1937 to 1959 when the rodeo was headquartered there....
The Corn Flakes Cure The fall of 1970 found me and my bride on a place on Clear Creek on the north side of the Bear Paw Mountains. I was working for Harry Olson, and it was sometime between Thanksgiving and Christmas. The cattle were shipped, the hay was all up, and we were doing the usual fall chores. Harry had an old wooden grain bin with a pile of rye in it that he'd thrashed a year or two before, and he wanted to take it in to the feed plant in town to have it mixed with a little barley to be made into pellets for the cows. Boy, was that some awful stuff. It was full of smut or ergot or whatever that stuff was, and the dust was as black as coal. Bein' the low man on the totem pole, it was my job to get in the bin and shovel that valuable commodity into a little auger that he'd stuffed in a window. I don't know if anyone has ever died from breathin' that black junk, but it sure wouldn't surprise me any if that were the case. I think it was beyond a doubt the worst bin I've ever had the pleasure of shovelin' in my life. By the time we finally got that truck full, I was in pretty bad shape....
V.P.-Turned-Environmentalist Al Gore Creates Frenzy At U. Of T. He's a former Vice-President of the United States. His movie, "An Inconvenient Truth", is up for an Oscar. And he's the poster boy for the environment - printed on recycled paper of course. All of which is making Al Gore a hot ticket in Toronto. The American politician turned environmentalist came to the U. of T. Wednesday night for a long awaited speech, and there were throngs of fans to greet him. So were ticket scalpers, who are seeing a different type of green. Reports indicate more than 20,000 people were trying to get their hands on a ducat for the event. But there's only room for 1,500 of them inside. What tickets there were originally cost $20. They sold out almost immediately. "We had about 23,000 hits on our website, which of course collapsed the website because we couldn't sustain it," muses the U. of T.'s Ingrid Stefanovic. "So there's been a huge enthusiasm for the event." And not just huge but expensive. The demand was so high that on the Internet auction site Craig's List, people were offering up to $500 for a single pass....
Wyo. Senate turns back industry amendment A move to remove a section that industry doesn't like from a bill reforming Wyoming's eminent domain law failed Tuesday on a tie vote in the Senate. The Senate went on to adopt House Bill 124 on a strong voice vote. It comes up today or second reading in the Senate. The contentious section in the bill says fair market value can be determined by the price paid for other comparable easements. It also allows disclosure of confidential settlement agreements if a case goes to court and the judge agrees the sales price is relevant to a claim. Opponents of the section argue it will lead to more court cases if left in the bill. They also contend the existing eminent domain law works well and doesn't need a fix. The original purpose of the bill is a response to a U.S. Supreme Court decision in a case out of Connecticut. In that case the court upheld the action of a public government entity which condemned private property and transferred it to a private entity for development....See email from Laura Goodman
Midland oilman shares water study plans An Austin hydrology and water resource specialist firm will conduct a year-long study of an aquifer under Clayton Williams' farm and the Belding area in Pecos County. Plans were presented Tuesday at Middle Pecos Groundwater Conservation District meeting in the Pecos County Courthouse in Fort Stockton. The meeting was set for January, but was postponed due to weather. Williams, a Midland oilman who grew up in Fort Stockton, said he studied the water under his property in the early 1980s and this is just an extension. The information will be available first to the groundwater district, then to the public through the board. Purposes of the study are to get updated information about the Edwards-Trinity aquifer and well conditions, compile data into a form that can be updated continuously and assess groundwater conditions, water quality and recharge, Thornhill Group President Mike Thornhill said. "We already know there's enough water just from producing wells to last 55 years. We know there's recharge. We want to make sure Fort Stockton has enough, not only for today, but for growth," Williams said. "We'll take the study one step at a time. If at some point Midland needs the water and we can make the economics work," Williams indicated he could sell some to Midland. " ... But that's an if."....
Pipelines studied for coalbed water The Wyoming Pipeline Authority is trying to determine whether it makes sense to develop a network of pipelines to carry coalbed methane water away from the Powder River Basin and discharge it into the North Platte or Bighorn rivers. Don Likwartz, supervisor of the Wyoming Oil and Gas Conservation Commission, said the amount of water being discharged by coalbed methane wells is growing rapidly. He said that by the end of October 2006, the industry already had produced more water than it did in all of 2005. When the final numbers are in, Likwartz expects the industry will have produced 680 million barrels of water last year. "It's going to be the highest year ever for water production," he said. Some view that as a problem because of what's in the water. Some ranchers and landowners complain that salts and other compounds in the discharged water kill trees and grass. Environmental regulators in Montana have sued Wyoming in an attempt to get the state to regulate methane water discharges into rivers that flow into Montana....
Wyo. Panel angrily rejects bill on wolf plan Several legislators who voted against a proposed wolf management bill Wednesday expressed bitter frustration with how the federal government has treated the state since the predators were reintroduced in the northern Rocky Mountains more than a decade ago. "I'm frustrated. I'm irritated," said Rep. Pat Childers, R-Cody, chairman of the House Travel, Recreation, Wildlife and Cultural Resources Committee. "Quite frankly, I'm pissed with the Fish and Wildlife Service." Childers' committee unanimously rejected a proposed Senate bill and associated amendments that would have accepted the federal government's proposal to designate a permanent management area in northwestern Wyoming. The committee vote came after several ranchers, outfitters and representatives of agricultural groups testified that wolves are killing too many elk, moose and livestock in the state....
Wolf center seeking to breed two endangered species Just beyond a path of wood chips, a gray wolf peers out from its fenced-in enclosure. The 7-year-old male, Lukas, is one of the Wolf Conservation Center's "ambassador" wolves, shown to visitors to help dispel myths about an animal that has fascinated and frightened humans. Farther up the path, past a roped-off area, are two enclosures for the center's more elusive residents - breeding pairs of Mexican gray wolves and red wolves, endangered species driven to near extinction in the 20th century. The breeding pairs don't have names. They are not shown to the public and are mostly hidden by plastic slats in their fencing to minimize contact with people and to lessen distractions during the breeding season - which ends this month. The breeding pairs are part of federal programs designed to bolster the population of both species so they can be reintroduced to their traditional ranges - the Southwest for the Mexican gray wolf and the southeastern United States for the red wolf....
Tre Arrow offers wrong lessons Tre Arrow spends his days in the Wilkinson Road jail, waiting for the legal system to deal with an extradition order that would send him back to the U.S. Before he was arrested for shoplifting in Victoria, Arrow was on the U.S. Federal Bureau of Investigation's most wanted list, accused of firebombing and burning logging and gravel trucks in Oregon. Since his arrest, he has pleaded guilty to the shoplifting charge and applied for refugee status. Arrow -- who changed his name from Michael Scarpitti for spiritual reasons -- is an environmental activist who will go any length for his cause. What makes Arrow different? Well, he has a network of supporters and $350,000 has been collected for his legal war chest. And the other inmates aren't guest lecturers in local schools....
Some wildland firefighters shun top ranks, poll finds A survey of wildland firefighters indicates many are reluctant to volunteer for supervisory jobs after an incident commander was criminally charged in the deaths of four firefighters in Washington state. But a spokeswoman for federal firefighting agencies said Wednesday there has been no decline in the numbers of firefighters signing up to lead management teams. Ellreese Daniels, a former U.S. Forest Service incident commander, was charged in federal court here last month with involuntary manslaughter and lying to investigators in the wake of the deaths of four firefighters in the Thirtymile Fire in Okanogan County in July 2001. Responding to concerns that the federal charges would make wildfire incident commanders more reluctant to serve if their decisions could lead to a prison sentence, the International Association of Wildland Fires conducted an online survey of its members Jan. 28-Feb. 15....
A speck of a species – felling pines across West The pristine mountainsides of the Gore Range, across the lower Blue River Valley, have taken on a new color lately. The red hue stretching like fingers through the normally dark-green forests is a telltale sign – even from a distance – of the devastation being wreaked by a tiny culprit, about the size of a match head: the mountain pine beetle. This color is becoming increasingly common in northern Colorado and throughout the West as the tiny beetle lays waste to vast swaths of vulnerable lodgepole pine forests, typically monocultures of trees that are weakened by drought and are all about the same mature age – perfect fodder for the voracious beetle. The destruction, which has killed millions of lodgepole pines in Colorado alone, will alter the look of the landscape and is a risk to local economies that depend on mountain tourism. It's also prompting a major response because of concerns about the threat to life and property from falling trees, as well as the increased risk of wildfire. "The forest is resetting itself on a landscape scale," says Jim Maxwell, a US Forest Service spokesman for the Rocky Mountain region....
Audit shows Interior workers exposed Workers at the massive U.S. Department of Interior headquarters in downtown Washington are exposed to potentially hazardous waste and life-threatening fire hazards, according to an internal audit. The findings come as employee health complaints have skyrocketed in connection with the large-scale renovation of the 71-year-old building, according to Public Employees for Environmental Responsibility, the D.C.-based organization that released the audit Wednesday. Interior officials said they expected to find health and safety violations when they requested the audit. Most of the findings stemmed from the modernization work itself, such as the removal of asbestos and installation of new electrical systems. “The buildings are completely safe for employees and visitors,” spokesman Frank Quimby said. Officials have already started addressing the findings....
Sharpshooters cull deer in northwestern Minnesota Sharpshooters are culling deer in northwestern Minnesota to try to stop the spread of bovine tuberculosis. Six sharpshooters with the U.S. Department of Agriculture began killing deer on Tuesday at 56 baited sites in an area east of Thief River Falls, and more shooters are expected to arrive this week. Minnesota Department of Natural Resources wildlife health program coordinator Michelle Powell said the culling likely will continue through March. She estimates that hundreds of deer will be shot. The deer are being killed in an area where an outbreak of bovine tuberculosis has infected both cattle and wild deer. DNR aerial surveys indicate there are about 1,000 deer in the area. "It's extremely critical," Powell said. "The risk of not stopping it basically means an ongoing transmission potential between deer and cattle."....
Anti-cruelty bill advances (Colo) A sweeping animal protection bill that would ban everything from bestiality to dogs' riding unrestrained in the back of pickups was endorsed by the House Judiciary Committee on Wednesday. The bill also would extend domestic violence protection orders to pets, make it easier to pursue felony charges in animal abuse cases, remove a requirement that veterinarians get a court order to euthanize some seriously injured or abused animals and change the definition of dangerous dogs. But rural lawmakers objected to its broad nature and the pickup ban. "What I see is a real difference between urban and rural Colorado," Rep. Amy Stephens, R-Monument, said of the pickup provision, which includes an exemption for ranching and farming. "If anyone's been out to the Western Slope lately, that's how the dog goes to work. That's how the dog travels with the family." Indeed, some witnesses expressed concern that the measure would hinder the ability of ranchers and rural law enforcement officers to shoot injured animals without a veterinarian's consent....
Mad-cow scrutiny is scaled way back While Washington ranchers are raising a fuss over Canadian cattle and the danger of mad-cow disease, the region's only mad-cow testing lab is quietly preparing to close March 1. The lab at Washington State University in Pullman opened after the nation's first mad-cow case spurred a flurry of new safeguards against the fatal, brain-wasting disease. But three years later, many of those measures are being dismantled. Others proposed after the infected dairy cow was discovered in Mabton, Yakima County, never materialized. The U.S. Department of Agriculture (USDA) recently scaled back mad-cow testing by more than 90 percent, leading to closure of the WSU lab and several others around the country. The agency has backed off plans for a mandatory animal-tracking system, which can help identify the source of an infection and other animals at risk, and now says the program will be voluntary. Several of the unappetizing — and risky — practices that came to light in the wake of the initial mad-cow case are still allowed, including the use of cow blood as a food supplement for calves. And even the prohibition on slaughtering sickly cows, called downers, for human consumption has not been made permanent, though it is being enforced....
Sitting Bull's kin seek home for chief's bones Sitting Bull's four surviving great-grandchildren want the bones of their famous ancestor moved from a cement-clad grave in South Dakota to Little Bighorn Battlefield in Montana. Ernie LaPointe of Lead, S.D., the spokesman for the family, said that for 50 years, Sitting Bull's grave on the Standing Rock Sioux Reservation near Mobridge, S.D., has been neglected and dishonored. Now, LaPointe says, new owners of the property plan to exploit the legendary Lakota political and spiritual leader's memory. LaPointe and his sisters, Marlene Little Spotted Horse Andersen, Ethel Little Spotted Horse Bates and Lydia Little Spotted Horse Red Paint, sent letters Wednesday advising government and tribal officials in the Dakotas and Montana of their intent to have the remains moved. "This is to notify you and other interested parties of family right and authority to re-inter our Great-Grandfather Sitting Bull to Little Bighorn Battlefield National Monument, Montana," it says. "We do this because North Dakota, South Dakota and the Standing Rock Sioux Tribe have not honored their promise for proper care and maintenance of our Grandfather's burial site."....
Bones aren't Sitting Bull's, some say Some contend that the bones cemented into the ground at Mobridge, S.D., aren't those of Sitting Bull, but of an unknown man placed in his grave in the middle of the night after the Hunkpapa Sioux leader's death. For a century or more, rumors have circulated that Sitting Bull's body was spirited away by his followers and reburied in Canada. That's the story Jerome First Jr., 70, of Poplar, heard from his father and grandfathers. "Years ago, when I was younger, my Dad told me that when Sitting Bull was sick and near death that he told the old chiefs he wanted to be buried in Turtle Mountain just across the border in Canada where he went after the Little Bighorn," First said. Even before Sitting Bull was killed Dec. 15, 1890, he knew he was dying, First said. "Sitting Bull had a dream of his death and he knew there would be a fight over his grave," First recounted....
Great leader cast his legend in Eastern Montana Sitting Bull will be on familiar ground should his remains be re-interred at Little Bighorn Battlefield. He knew Eastern Montana well. The Lakota recognized no state boundaries in their nomadic world. Sitting Bull often camped north of the Yellowstone in the winter and hunted south of it during the summer. He prayed here, sought visions here and did battle here for nearly 30 years. At midlife, the legendary Sioux war chief and spiritual leader forged the mightiest alliance of Indian forces on the Northern Plains and won his greatest victory here. Montana knew him at the height of his power, before his sad subjection and violent death. Sitting Bull was born along the Grand River in what is now South Dakota sometime in the 1830s. Euro-Americans were already trickling toward the frontiers of the Northern Plains, displacing native populations as they advanced. The Lakota were feeling the pressure as they roamed a huge territory that included the Dakotas and parts of Nebraska, Montana and Wyoming. As they ranged westward, the Lakota increasingly clashed with other tribes in ever-shrinking Indian Country....
Art of the Saddle comes to Museum Fans of western movies and sophisticated scholars of history alike recognize the importance of the horse in the winning of the West. (Humorists often point out that, back in the old days, girlfriends and wives sometimes ran a poor second compared to a favorite Cayuse.) As revered as these four-footed friends were, however, it was the western saddle that made days, even weeks, of riding possible for cowboys, soldiers and outlaws. Beginning March 10 and continuing through Sept. 2, artful examples of this indispensable gear will come out of history's shadows and into the spotlight at the Desert Caballeros Western Museum. The exhibition entitled “Art of the Saddle: A Leather Canvas in Miniature” will feature half-scale saddles designed and constructed by Wickenburg's Carson Thomas. “These are functional art forms as well as pieces of history,” said Museum Director Royce Kardinal. “Our exhibit will dramatize their significance from the 1830s to present day.”....
Rodeo show took rural cowgirls all the way to New York City When MaryAnn Mayfield Stephen went to New York in 1950 to promote the Dublin-based World Championship Rodeo, she performed alongside Milton Berle on "Texaco Star Theater." And she was so young and naive, she didn't even know Berle was the biggest star in the early days of television. In fact, when she began performing her trick-roping stunts, she scolded Berle for touching her ropes. "We didn't have television, so I had no idea who he was," Stephen said. "That shows you where I was from." The cowgirls who rode in the Dublin World Championship Rodeo may have been from the country. But in the middle of the 20th century, they participated in a sparkling spectacle that took them from Erath County all the way to New York City. Whether they were performing in the Quadrille (a square dance with horses), trick riding or roping, the women combined beauty, grace, skill and athletic ability. These were accomplished horsewomen — most could ride before they could walk — and they often performed their stunts while riding horses galloping at top speed. They dressed in sleek, flamboyant western pant suits that most made themselves. And they entertained thousands of people across the country. The World Championship Rodeo was directed by rancher and rodeo promoter Everett Colborn. He put Dublin, about 95 miles east of Abilene, on the map as the Rodeo Capital of Texas from 1937 to 1959 when the rodeo was headquartered there....
The Corn Flakes Cure The fall of 1970 found me and my bride on a place on Clear Creek on the north side of the Bear Paw Mountains. I was working for Harry Olson, and it was sometime between Thanksgiving and Christmas. The cattle were shipped, the hay was all up, and we were doing the usual fall chores. Harry had an old wooden grain bin with a pile of rye in it that he'd thrashed a year or two before, and he wanted to take it in to the feed plant in town to have it mixed with a little barley to be made into pellets for the cows. Boy, was that some awful stuff. It was full of smut or ergot or whatever that stuff was, and the dust was as black as coal. Bein' the low man on the totem pole, it was my job to get in the bin and shovel that valuable commodity into a little auger that he'd stuffed in a window. I don't know if anyone has ever died from breathin' that black junk, but it sure wouldn't surprise me any if that were the case. I think it was beyond a doubt the worst bin I've ever had the pleasure of shovelin' in my life. By the time we finally got that truck full, I was in pretty bad shape....
EMINENT DOMAIN - WYOMING
From: Ldgoodman
Sent: Wednesday, February 21, 2007 6:44 PM
Subject: Senate amended HB 124 today....PLEASE SEND AN EMAIL NOW!!!
On a 15-14 vote, the Senate accepted part of an amendment offered by Senators Scott (R-Casper), Geis (R-Worland) and Vasey (D-Rawlins) to limit the information available to property owners when negotiating compensation for condemned easements or rights-of-way. Consequently, the bill must now go to a conference committee with the House where things can get a little unpredictable -- and time is getting short. The bill must be passed by the Senate tomorrow, and then referred to and passed out of a Conference, and then passed again by both chambers -- all by next Friday, only six working days. We've got our work cut out for us!!
While the Senate later voted overwhelming (23-6) to retain the majority of the provision that will allow comparable sales to be used for the first time ever when determining value for condemnations of easements and rights-of-way, today's narrow amendment deleted language that would have allowed property owners to know and use in their own negotiations the amounts "paid by the condemnor for other portions of the proposed project of comparable, type, size and location." (i.e.: the amounts paid to neighbors or other folks along the same project.) While Sen. Scott argued that this amendment would reduce lawsuits, the net effect of this amendment is simply to reduce the amount of information available to the property owner, thereby keeping him a little more in the dark as he attempts to negotiate the compensation for the property right that was taken from him.
Tomorrow is the 3rd and final reading in the Senate. While property owners also want to avoid lawsuits (given they are more burdensome and expensive for us!), we do not want to do that by sacrificing our access to good, credible information that will help establish the value of our condemned property. Comparable sales information is statutorily available for ALL OTHER CONDEMNATIONS in Wyoming, and is only restricted for partial takings of easements and rights-of-way. This is a gross inequity in the current law that we hope the Senate will correct tomorrow before its final passage.
Please take a minute and write the Senators. Thoughtfully encourage them to:
1. Support any amendment that will improve and increase the amount of information provided to property owners to give them more equal footing during their negotiations with condemnors. Remember, these are not WILLING SELLERS, but rather folks who are forced to sell some or all of their property to another party. They deserve as much information as possible in order to negotiate as good of a financial deal as they can.
2. Oppose any amendment that will decrease the participation a property owner has during the condemnation process, be it during the planning of the project, or the development of the compensation for the project. The goal of this bill is to increase the power to the unwilling property owner, when he is forced to sell his property under the powers of condemnation.
3. Work diligently toward final passage during this session of a strong bill that will strengthen private property rights, while honoring the limited need for condemnation. Property owners should not have to endure delay for another year, but cannot afford to compromise their rights even further....
From: Ldgoodman
Sent: Wednesday, February 21, 2007 6:44 PM
Subject: Senate amended HB 124 today....PLEASE SEND AN EMAIL NOW!!!
On a 15-14 vote, the Senate accepted part of an amendment offered by Senators Scott (R-Casper), Geis (R-Worland) and Vasey (D-Rawlins) to limit the information available to property owners when negotiating compensation for condemned easements or rights-of-way. Consequently, the bill must now go to a conference committee with the House where things can get a little unpredictable -- and time is getting short. The bill must be passed by the Senate tomorrow, and then referred to and passed out of a Conference, and then passed again by both chambers -- all by next Friday, only six working days. We've got our work cut out for us!!
While the Senate later voted overwhelming (23-6) to retain the majority of the provision that will allow comparable sales to be used for the first time ever when determining value for condemnations of easements and rights-of-way, today's narrow amendment deleted language that would have allowed property owners to know and use in their own negotiations the amounts "paid by the condemnor for other portions of the proposed project of comparable, type, size and location." (i.e.: the amounts paid to neighbors or other folks along the same project.) While Sen. Scott argued that this amendment would reduce lawsuits, the net effect of this amendment is simply to reduce the amount of information available to the property owner, thereby keeping him a little more in the dark as he attempts to negotiate the compensation for the property right that was taken from him.
Tomorrow is the 3rd and final reading in the Senate. While property owners also want to avoid lawsuits (given they are more burdensome and expensive for us!), we do not want to do that by sacrificing our access to good, credible information that will help establish the value of our condemned property. Comparable sales information is statutorily available for ALL OTHER CONDEMNATIONS in Wyoming, and is only restricted for partial takings of easements and rights-of-way. This is a gross inequity in the current law that we hope the Senate will correct tomorrow before its final passage.
Please take a minute and write the Senators. Thoughtfully encourage them to:
1. Support any amendment that will improve and increase the amount of information provided to property owners to give them more equal footing during their negotiations with condemnors. Remember, these are not WILLING SELLERS, but rather folks who are forced to sell some or all of their property to another party. They deserve as much information as possible in order to negotiate as good of a financial deal as they can.
2. Oppose any amendment that will decrease the participation a property owner has during the condemnation process, be it during the planning of the project, or the development of the compensation for the project. The goal of this bill is to increase the power to the unwilling property owner, when he is forced to sell his property under the powers of condemnation.
3. Work diligently toward final passage during this session of a strong bill that will strengthen private property rights, while honoring the limited need for condemnation. Property owners should not have to endure delay for another year, but cannot afford to compromise their rights even further....
Wednesday, February 21, 2007
NEWS ROUNDUP
Former California congressman Richard Pombo joins Oregon lobbying firm Former U.S. Rep. Richard Pombo announced he accepted a job with an Oregon lobbying and public relations firm that specializes in Western resource issues. The one-time rancher and former chairman of the House Resources Committee will find clients for Pac/West Communications, but will do no lobbying, company President Paul Phillips said. The company’s clients include the Save Our Species Alliance, which supported Pombo’s unsuccessful efforts to rewrite the Endangered Species Act. Those attempts spurred environmental groups to pour money into the campaign of wind energy engineer Jerry McNerney, a Democrat who defeated him in November. Pac/West has about two dozen employees in offices throughout the West and in Washington, D.C. Pombo will be based in Sacramento....
Judge blocks Perry's coal plant order, urges delay of hearing A judge on Tuesday blocked Gov. Rick Perry's executive order fast-tracking the permitting process for proposed coal-fired plants and ordered that state hearing administrators reconsider environmentalists' request for a delay. A major hearing on the coal plant permitting is scheduled to begin Wednesday. But lawyers for several environmental groups argued before state District Judge Stephen Yelenosky that Texas and Oklahoma citizens opposed to the plants were at a disadvantage because there hadn't been enough time to prepare. They claimed the governor's order was unconstitutional, and the judge agreed that the plaintiffs were likely to prevail in their argument. Yelenosky's temporary injunction did not cancel the hearing, but he said administrative judges should reconsider the schedule....
State advisory group focuses on wilderness hot spot management The Maroon Bells-Snowmass and Collegiate Peaks wildernesses are among several Colorado wilderness areas that a group of experts in Denver weighed in on yesterday. After more than 1,000 hours of volunteered work, including several meetings and a few on-the-ground field trips over the past year, a group of 14 wilderness stakeholders made comprehensive recommendations for statewide wilderness management on Tuesday to U.S. Forest Service Regional Forester Rick Cables. The committee, whose members include representatives from nonprofit Forest Service partners and "friends" that focus on trail maintenance, wilderness advocacy, outdoor education, volunteering and other areas, have identified the Maroon Bells-Snowmass and the Collegiate Peaks wildernesses, both in the Aspen area, among the nine most heavily used wilderness areas in the state. The group told Forest Service regional personnel in a formal presentation that "keeping pristine areas pristine, managing to minimize environmental impacts and the need to research social impacts are considered primary goals." They also made a long list of specific recommendations, from ramping up education efforts to advocating for more wilderness-specific funding to getting more Forest Service and volunteer "boots on the ground."....
Elk prefer people on foot Ongoing research into how recreation affects wildlife shows that ATVs, then mountain bikes, have the largest impact on elk, while hiking and horseback riding have the least effect. Forest Service researchers in Northwest Oregon found that elk were more likely to flee, and more likely to flee faster, from ATVs – all terrain vehicles – than other forms of recreation. Mule deer, on the other hand, seem mostly unphased by humans in the forest. The research could have important implications for local forest planners as they establish a motorized trail system in the Bridger-Teton. Michael Wisdom, lead author of the study, will join a panel of local and regional experts to discuss motorized use on area forest lands tonight at the Teton Science Schools....
Industry wants in on Roan An energy industry group is objecting to being closed out of a Glenwood Springs meeting Thursday to consider alternatives to a proposed management plan for the Roan Plateau. The Independent Petroleum Association of Mountain States has written a letter to U.S. Rep. John Salazar, D-Manassa, voicing disappointment over not being invited to the meeting. Salazar and Rep. Mark Udall, D-Eldorado Springs, have invited local elected officials, the Colorado Division of Wildlife and environmental and wildlife groups to the meeting. The congressmen may explore legislative and other alternatives to the U.S. Bureau of Land Management's proposed plan, which among other things would allow drilling on top of the plateau. Environmentalists and area communities had called for keeping drilling off the plateau top. The BLM is reviewing protests of the plan and hopes to issue a final decision by summer....
Report on Kim case says BLM violated no rules in leaving road's gate open Government employees violated no rules when they failed to lock a gate for winter on the road where James Kim and his family became stranded in December, a report released today concludes. The account of the gate -- issued by the U.S. Bureau of Land Management -- contradicts what a BLM employee said in December. Then, a BLM spokesman said the gate should have been locked Nov. 1: "The idea was our BLM engineer, the lead engineer, had directed the staff to go out there and lock the gate on Nov. 1," said Michael Campbell, a BLM spokesman. "Basically what they found was, when they got out there, they were unable to confirm no one was trapped behind the gate. So they made the decision not to close it." In the new report, BLM Oregon State Director Edward W. Shepard wrote, "This management review found that no Bureau of Land Management employee failed to carry out any specific order or work assignment concerning locking a specific gate by a specific date or time."....
Idaho county creates anti-wolf chapter Residents in Bingham County have started a local chapter of the Idaho Anti-Wolf Coalition, which is collecting signatures to once again try to get an initiative to ban gray wolves from Idaho on the ballot. The group failed to gather enough signatures to get a similar initiative on the ballot last year. Coalition Chairman Ron Gillett of Stanley said the group's new goal is to gather 100,000 signatures. He also has instructed petition carriers to make certain that everyone who signs is a registered voter. In 2006, the group collected more than 40,000 signatures in six weeks before running out of time and falling short of the required 45,893 signatures. Organizers also learned that many signatures proved to be worthless because the signers were not registered voters. "If we could get that many signatures in six weeks, I don't think we'll have any problem getting the 45,893 we need by April 30, 2008," Gillett said....
Federal Wildlife Enforcement is Leaderless and in Decline The U.S. Fish & Wildlife Service (FWS) law enforcement program lacks credible leadership that is trusted by its special agents, according to a new report by the U.S. Department of Interior Office of Inspector General. At the same time, criminal enforcement of wildlife protection laws under Interior Department jurisdiction has fallen to decade-low levels, according to Justice Department figures compiled and released today by Public Employees for Environmental Responsibility (PEER). FWS special agents are the federal officers charged with enforcing the Endangered Species Act, the Migratory Bird Treaty act and other federal laws governing hunting and interstate transportation of wildlife. The 208 special agents are the backbone of the law enforcement program which also includes 111 inspectors and 166 support personnel. The Inspector General transmitted its new “Assessment of the U.S. Fish & Wildlife Service Office of Law Enforcement” to the Secretary of Interior on February 13, 2007. It was the first look by the Inspector General at FWS enforcement since 2001. Key findings include....Go here to view the IG's report.
Midwest Wolves Fall Prey to PR Scam The U.S. Fish and Wildlife Service announced in late January that there are now enough gray wolves in the wilds of Wisconsin, Minnesota and Michigan to warrant taking the wolf off the federal roster of endangered and threatened species in the upper Midwest. About 4,000 wolves now roam across the three states, according to the agency. Real conservationists see another Endangered Species Act success story. But slob hunters and apologists for land-abusing industries--including those who'd rather let Safari Club International chapters do their talking--are salivating over their gun sights. The Wisconsin Cattlemen's Association, in cahoots with SCI and an outfit called the Wisconsin Bear Hunters' Association, needed only a day or two to roll out a 30-second "Little Red Riding Hood" TV ad it plans to air through the rest of this year. "People used to believe that wolves lived in remote forests, but the reality is that the wolf population has exploded to the point where they are now wreaking havoc on cows, sheep, dogs and property," SCI's Bob Welch said in a news release which the Madison Capital Times newspaper quoted Jan. 30....
Yellowstone air improves, study finds The air quality at two of the most popular winter spots here continues to improve, a study finds. Levels of carbon monoxide and certain particulate at the park's west entrance at West Yellowstone, the most popular winter gate, and Old Faithful, the most popular destination, still are "well below" national ambient air-quality standards and the air quality is good, the study by the National Park Service concluded. Those pollutants have decreased in recent winters because fewer snowmobiles travel into the park and because of new requirements that all snowmobiles meet standards for noise and emissions, park officials said. The study analyzes air quality at Old Faithful and the West Yellowstone entrance during the winter of 2005-06. It's the latest in a series of studies aimed at helping park officials decide how best to manage winter traffic in Yellowstone....
Jerome County commissioners vote against livestock ban By a 2-1 vote, Jerome County commissioners killed a proposal Tuesday that would have placed an emergency moratorium on new livestock operations in the county. Instead of the ban, commissioners will refine the county comprehensive plan to address citizens' concerns that there might already be too many cows. "This whole thing is going to take some time, you know," said Commissioner Joe Davidson, who voted against the emergency moratorium. Commissioner Charlie Howell also voted against the cow ban. Commissioner Diana Obenauer voted for the moratorium. According to a Boise State University report published in September, Jerome has more cows than any other Magic Valley county except Gooding - where a moratorium is in effect. Cows have been a contentious issue in Jerome County in the past few months. Legislators, the American Civil Liberties Union and the National Park Service have criticized commissioners for their handling of a livestock permit application that was recently withdrawn....
Antlers of a dilemma For a case study in why bureaucracies tend to be unimaginative, consider the question of the elk herd in Rocky Mountain National Park. The Park Service could reduce the swollen numbers of elk, which are destroying vegetation and otherwise wreaking havoc, by culling the animals itself, hiring sharpshooters, or permitting qualified private hunters to do the job. The third option is the least expensive, so naturally it's the one the Park Service has all but ruled out. All right, maybe that's a cheap shot. The Park Service says it can't legally permit a private hunt even if it wanted to, with an emphasis on the "even if." Comes now Rep. Mark Udall, D-Colo., with legislation authorizing the Park Service to tap the services of qualified sportsmen in order to save the government money. Is everyone pleased with this common-sense, problem-solving approach? Of course not....
Park service cancels elk meetings Meetings to talk about how to take out as many as 1,000 elk from the Theodore Roosevelt National Park at Medora have been canceled. The National Park Service called off meetings Wednesday and Thursday after the state Game and Fish Department pulled out because the park won't let qualified hunters shoot the elk, rather than using contract sharpshooters. Park superintendent Valerie Naylor said the sudden withdrawal by Game and Fish makes it better to talk about the elk issue at a later date. Naylor said it would take an act of Congress to change law allowing hunting inside a national park. "That is not a reasonable or legal alternative that the park can pursue," she said. Kreil said the distinction between a sharpshooter and a qualified hunter is "murky." He said the agency didn't envision a wide-open hunt in the park, but rather a tightly monitored method used over several seasons....
Gore may get doctorate former Vice President Al Gore could pay a visit to the University in the near future to receive an honorary degree for his work in climatology. University President Bob Bruininks spilled the beans at the February Board of Regents meeting, saying that "two of our colleges are working with Vice President Gore to provide, we hope, an honorary doctorate." Gore has been in the news lately for his 2006 documentary, "An Inconvenient Truth," about global warming. University spokesperson Daniel Wolter said since Gore is an expert in the subject, several colleges at the University have expressed interest in inviting Gore to speak on campus. "He's in the news and is a legitimate expert on a pressing issue of global concern, climate change, so this level of interest is understandable," Wolter said. "However, no plans have been set and it's unlikely that would occur this spring."....
USDA Responds To Concerns About Canadian Cattle Imports Responding to a media report that documents obtained by Washington cattlemen show hundreds of cattle from Canada are entering the United States without government-required health papers or identification tags, USDA officials indicated that no significant violations have occurred. Andrea McNally of Animal and Plant Health Inspection Service's legislative and public Affairs division told Meatingplace.com that her agency is "reviewing the concerns that have been brought to our attention in Washington state." "As we are reviewing these records, we have discovered that a large portion are minor record-keeping problems that are not material to the entry requirements of the cattle," she said. "Nonetheless, we are looking closely to make sure the balance of the paperwork shows proper documentation, and we will respond according to our findings."Meanwhile, the Canadian Cattlemen's Association is questioning both the Chicago Tribune article and the motives of the Cattle Producers of Washington. John Masswohl, director of government and international relations for CCA, told Meatingplace.com that a different set of rules apply to those Canadian cattle imports used for immediate slaughter and those going to feedlots. Masswohl explained that the USDA only requires that Canadian slaughter cattle go from the border to the slaugherhouse in a sealed truck. That these cattle have identification papers when they arrive is the result of Canada's own export requirements, he said.....
Hundreds Quit Smithfield Plant In Wake Of Immigration Crackdown Hundreds of workers have left their jobs or have refused to come to work at Smithfield Packing Co.'s Tar Heel, N.C., plant since federal agents initiated a crackdown on illegal immigrants, the company said. The world's largest hog slaughterhouse is now missing about 300 employees, a void that has led to slower production and overtime work. Some have tendered resignation letters and collected unused vacation pay, while others have quit without notice after having been identified in November as having unverifiable employment papers, Smithfield spokesman Dennis Pittman told reporters. Back in November, as part of a voluntary enforcement program offered by Immigration Customs and Enforcement, Smithfield notified by letter between 500 and 600 workers that their Social Security numbers, names or other personal data were unverifiable. The company also fired roughly 50 employees for providing false information, which prompted nearly 1,000 of their co-workers, most of them Hispanic, to walk out in protest. The workers returned two days later after Smithfield agreed to rehire the fired workers and meet individually with the letter recipients. The company gave them 60 days to produce proper documentation, a grace period that has since ended. Only 50 workers have done so and have kept their jobs, but none have been fired, Pittman said....
Shipments to Mexico Drive U.S. Beef Exports in 2006 U.S. beef exports in the fourth quarter totaled 308 million pounds, bringing the 2006 export total to 1.153 billion pounds. This marks a 65-percent increase over 2005, although it is only 46 percent of the record set in 2003. One highlight for exports in 2006 was the record level going to Mexico. Exports to Mexico reached 668 million pounds, easily surpassing the 2002 record of 629 million pounds. A strong Mexican economy, buoyed by high prices for oil exports, appeared to support this buying. Exports to Canada also bounced back, reaching 238 million pounds, more than doubling the 2005 export level. A weak U.S. dollar vis-à-vis the Canadian dollar was an important factor over the last three quarters of 2006. U.S. exports to Japan were interrupted in January 2006 with the discovery of prohibited material (a vertebral column in a veal rack), and exports did not resume in earnest until August. Total exports to Japan reached only 52 million pounds in 2006 (the United States had frequently exported over 900 million pounds to Japan prior to 2004). Japanese consumer acceptance of U.S. beef seems to be rebounding, and high domestic beef prices there make imports attractive....
U.S. Cattle Imports Up In 2006, Small Decline Expected In 2007 U.S. cattle imports totaled 2,289,000 head in 2006, based on December trade data recently released by the U.S. Commerce Department. Mexico remained the largest source of imported cattle to the United States, sending 1,257,000 head last year, virtually even with its 2005 total. The United States imports almost entirely lightweight stocker-feeder calves from Mexico, but the decline in calf prices in late 2006 in response to rising corn prices did not significantly dampen imports of Mexican calves. In the short run, their supply appears to be quite inelastic, as the U.S. market remains the best outlet for those animals already on hand. Weekly reports from the Agricultural Marketing Service (AMS), USDA, indicate imports from Mexico so far in 2007 are down significantly, but this appears to be related to poor weather and related conditions in the United States, and the cattle are expected to come north when conditions improve. U.S. cattle imports from Canada totaled 1,032,000 head in 2006, marking the first full calendar year of imports from Canada since 2002. Imports were suspended in May 2003 following the discovery of the first Canadian BSE (bovine spongiform encephalopathy) case, and imports of Canadian feeder cattle and slaughter steers and heifers resumed in July 2005. The July-December total for 2006 was 504,000 head, down about 10 percent from the same period in 2005....
Officials aim to halt hormone thefts sweeping dairy industry Surveillance video captured three thieves slipping onto E.J. deJong's dairy farm under the cover of night, making their way past the cows in his milking parlor. One, wearing a cowboy hat, used a bar to pry open the door to the farmer's office, where deJong stored thousands of drug-filled syringes used to boost milk production in his herd. They made quick work carting out their haul. In just one night, deJong lost about $30,000 worth of the genetically engineered hormone rBST, or recombinant bovine somatotropin, in what police say was one of the most brazen, high-value heists to date. The three suspects still haven't been caught. Rural crime officials say vials of rBST are a favorite among thieves who resell the growth hormone for top dollar on the black market. Fewer dairy farmers use it these days due to concerns over its health effects, and thefts had declined in recent years, but the sophistication and overall worth of the December break-in have alarmed authorities over the possibility of a larger hormone-peddling syndicate....
Cowboys and sodbusters fight over cheap land The Borden County courthouse was the scene of a noholds barred wrestling match on Feb. 27, 1904, as cowboys and sodbusters fought over cheap land in a once-in-a-lifetime sale. A favorite subject of motion pictures and television has long been the "range war," violent clashes between ranchers and homesteaders for the wideopen spaces. While the West Texas real-estate row in the opening decade of the twentieth century featured plenty of bumps, bruises and bloody noses, the fact that fists were the weapon of choice prevented the loss of a single life. By 1880 Texas had set aside an area the size of North Carolina for public education and given away the equivalent of Maine to the railroads. Ranchers bought up the iron- horse sections that came onto the market and later doubled the grazing range for their huge herds by leasing school land for as little as eight cents an acre....
It's All Trew: First ranchers adapted Choosing "the first ranchers" depends on where you are located. In the South, from the Mississippi River east, people raised livestock for both work and meat. However, they were called "stockmen" and most used dogs and slaves to tend their livestock. In the states bordering Mexico where Spanish land grants were given to the first settlers, we find early "ranchos" owned by "rancheros" with the employees called "vaqueros.'' As the Spanish influence worked its way up the California coast, we find "haciendas" and "rancherias" with the employees called "caballeros." The rancher, as we know him, had not arrived. Some of the last areas of the West to be settled stretched from the Red River in Texas to the Canadian border and was called The Great Plains. In this vast area were mountain men and trappers whose vocations were dying. There were also gold seekers and Indian traders whose heyday had passed. With the Indian Nations captured and placed onto reservations, many soldiers were out of work. All had years of experience in the West and were looking for a place to settle down....
Former California congressman Richard Pombo joins Oregon lobbying firm Former U.S. Rep. Richard Pombo announced he accepted a job with an Oregon lobbying and public relations firm that specializes in Western resource issues. The one-time rancher and former chairman of the House Resources Committee will find clients for Pac/West Communications, but will do no lobbying, company President Paul Phillips said. The company’s clients include the Save Our Species Alliance, which supported Pombo’s unsuccessful efforts to rewrite the Endangered Species Act. Those attempts spurred environmental groups to pour money into the campaign of wind energy engineer Jerry McNerney, a Democrat who defeated him in November. Pac/West has about two dozen employees in offices throughout the West and in Washington, D.C. Pombo will be based in Sacramento....
Judge blocks Perry's coal plant order, urges delay of hearing A judge on Tuesday blocked Gov. Rick Perry's executive order fast-tracking the permitting process for proposed coal-fired plants and ordered that state hearing administrators reconsider environmentalists' request for a delay. A major hearing on the coal plant permitting is scheduled to begin Wednesday. But lawyers for several environmental groups argued before state District Judge Stephen Yelenosky that Texas and Oklahoma citizens opposed to the plants were at a disadvantage because there hadn't been enough time to prepare. They claimed the governor's order was unconstitutional, and the judge agreed that the plaintiffs were likely to prevail in their argument. Yelenosky's temporary injunction did not cancel the hearing, but he said administrative judges should reconsider the schedule....
State advisory group focuses on wilderness hot spot management The Maroon Bells-Snowmass and Collegiate Peaks wildernesses are among several Colorado wilderness areas that a group of experts in Denver weighed in on yesterday. After more than 1,000 hours of volunteered work, including several meetings and a few on-the-ground field trips over the past year, a group of 14 wilderness stakeholders made comprehensive recommendations for statewide wilderness management on Tuesday to U.S. Forest Service Regional Forester Rick Cables. The committee, whose members include representatives from nonprofit Forest Service partners and "friends" that focus on trail maintenance, wilderness advocacy, outdoor education, volunteering and other areas, have identified the Maroon Bells-Snowmass and the Collegiate Peaks wildernesses, both in the Aspen area, among the nine most heavily used wilderness areas in the state. The group told Forest Service regional personnel in a formal presentation that "keeping pristine areas pristine, managing to minimize environmental impacts and the need to research social impacts are considered primary goals." They also made a long list of specific recommendations, from ramping up education efforts to advocating for more wilderness-specific funding to getting more Forest Service and volunteer "boots on the ground."....
Elk prefer people on foot Ongoing research into how recreation affects wildlife shows that ATVs, then mountain bikes, have the largest impact on elk, while hiking and horseback riding have the least effect. Forest Service researchers in Northwest Oregon found that elk were more likely to flee, and more likely to flee faster, from ATVs – all terrain vehicles – than other forms of recreation. Mule deer, on the other hand, seem mostly unphased by humans in the forest. The research could have important implications for local forest planners as they establish a motorized trail system in the Bridger-Teton. Michael Wisdom, lead author of the study, will join a panel of local and regional experts to discuss motorized use on area forest lands tonight at the Teton Science Schools....
Industry wants in on Roan An energy industry group is objecting to being closed out of a Glenwood Springs meeting Thursday to consider alternatives to a proposed management plan for the Roan Plateau. The Independent Petroleum Association of Mountain States has written a letter to U.S. Rep. John Salazar, D-Manassa, voicing disappointment over not being invited to the meeting. Salazar and Rep. Mark Udall, D-Eldorado Springs, have invited local elected officials, the Colorado Division of Wildlife and environmental and wildlife groups to the meeting. The congressmen may explore legislative and other alternatives to the U.S. Bureau of Land Management's proposed plan, which among other things would allow drilling on top of the plateau. Environmentalists and area communities had called for keeping drilling off the plateau top. The BLM is reviewing protests of the plan and hopes to issue a final decision by summer....
Report on Kim case says BLM violated no rules in leaving road's gate open Government employees violated no rules when they failed to lock a gate for winter on the road where James Kim and his family became stranded in December, a report released today concludes. The account of the gate -- issued by the U.S. Bureau of Land Management -- contradicts what a BLM employee said in December. Then, a BLM spokesman said the gate should have been locked Nov. 1: "The idea was our BLM engineer, the lead engineer, had directed the staff to go out there and lock the gate on Nov. 1," said Michael Campbell, a BLM spokesman. "Basically what they found was, when they got out there, they were unable to confirm no one was trapped behind the gate. So they made the decision not to close it." In the new report, BLM Oregon State Director Edward W. Shepard wrote, "This management review found that no Bureau of Land Management employee failed to carry out any specific order or work assignment concerning locking a specific gate by a specific date or time."....
Idaho county creates anti-wolf chapter Residents in Bingham County have started a local chapter of the Idaho Anti-Wolf Coalition, which is collecting signatures to once again try to get an initiative to ban gray wolves from Idaho on the ballot. The group failed to gather enough signatures to get a similar initiative on the ballot last year. Coalition Chairman Ron Gillett of Stanley said the group's new goal is to gather 100,000 signatures. He also has instructed petition carriers to make certain that everyone who signs is a registered voter. In 2006, the group collected more than 40,000 signatures in six weeks before running out of time and falling short of the required 45,893 signatures. Organizers also learned that many signatures proved to be worthless because the signers were not registered voters. "If we could get that many signatures in six weeks, I don't think we'll have any problem getting the 45,893 we need by April 30, 2008," Gillett said....
Federal Wildlife Enforcement is Leaderless and in Decline The U.S. Fish & Wildlife Service (FWS) law enforcement program lacks credible leadership that is trusted by its special agents, according to a new report by the U.S. Department of Interior Office of Inspector General. At the same time, criminal enforcement of wildlife protection laws under Interior Department jurisdiction has fallen to decade-low levels, according to Justice Department figures compiled and released today by Public Employees for Environmental Responsibility (PEER). FWS special agents are the federal officers charged with enforcing the Endangered Species Act, the Migratory Bird Treaty act and other federal laws governing hunting and interstate transportation of wildlife. The 208 special agents are the backbone of the law enforcement program which also includes 111 inspectors and 166 support personnel. The Inspector General transmitted its new “Assessment of the U.S. Fish & Wildlife Service Office of Law Enforcement” to the Secretary of Interior on February 13, 2007. It was the first look by the Inspector General at FWS enforcement since 2001. Key findings include....Go here to view the IG's report.
Midwest Wolves Fall Prey to PR Scam The U.S. Fish and Wildlife Service announced in late January that there are now enough gray wolves in the wilds of Wisconsin, Minnesota and Michigan to warrant taking the wolf off the federal roster of endangered and threatened species in the upper Midwest. About 4,000 wolves now roam across the three states, according to the agency. Real conservationists see another Endangered Species Act success story. But slob hunters and apologists for land-abusing industries--including those who'd rather let Safari Club International chapters do their talking--are salivating over their gun sights. The Wisconsin Cattlemen's Association, in cahoots with SCI and an outfit called the Wisconsin Bear Hunters' Association, needed only a day or two to roll out a 30-second "Little Red Riding Hood" TV ad it plans to air through the rest of this year. "People used to believe that wolves lived in remote forests, but the reality is that the wolf population has exploded to the point where they are now wreaking havoc on cows, sheep, dogs and property," SCI's Bob Welch said in a news release which the Madison Capital Times newspaper quoted Jan. 30....
Yellowstone air improves, study finds The air quality at two of the most popular winter spots here continues to improve, a study finds. Levels of carbon monoxide and certain particulate at the park's west entrance at West Yellowstone, the most popular winter gate, and Old Faithful, the most popular destination, still are "well below" national ambient air-quality standards and the air quality is good, the study by the National Park Service concluded. Those pollutants have decreased in recent winters because fewer snowmobiles travel into the park and because of new requirements that all snowmobiles meet standards for noise and emissions, park officials said. The study analyzes air quality at Old Faithful and the West Yellowstone entrance during the winter of 2005-06. It's the latest in a series of studies aimed at helping park officials decide how best to manage winter traffic in Yellowstone....
Jerome County commissioners vote against livestock ban By a 2-1 vote, Jerome County commissioners killed a proposal Tuesday that would have placed an emergency moratorium on new livestock operations in the county. Instead of the ban, commissioners will refine the county comprehensive plan to address citizens' concerns that there might already be too many cows. "This whole thing is going to take some time, you know," said Commissioner Joe Davidson, who voted against the emergency moratorium. Commissioner Charlie Howell also voted against the cow ban. Commissioner Diana Obenauer voted for the moratorium. According to a Boise State University report published in September, Jerome has more cows than any other Magic Valley county except Gooding - where a moratorium is in effect. Cows have been a contentious issue in Jerome County in the past few months. Legislators, the American Civil Liberties Union and the National Park Service have criticized commissioners for their handling of a livestock permit application that was recently withdrawn....
Antlers of a dilemma For a case study in why bureaucracies tend to be unimaginative, consider the question of the elk herd in Rocky Mountain National Park. The Park Service could reduce the swollen numbers of elk, which are destroying vegetation and otherwise wreaking havoc, by culling the animals itself, hiring sharpshooters, or permitting qualified private hunters to do the job. The third option is the least expensive, so naturally it's the one the Park Service has all but ruled out. All right, maybe that's a cheap shot. The Park Service says it can't legally permit a private hunt even if it wanted to, with an emphasis on the "even if." Comes now Rep. Mark Udall, D-Colo., with legislation authorizing the Park Service to tap the services of qualified sportsmen in order to save the government money. Is everyone pleased with this common-sense, problem-solving approach? Of course not....
Park service cancels elk meetings Meetings to talk about how to take out as many as 1,000 elk from the Theodore Roosevelt National Park at Medora have been canceled. The National Park Service called off meetings Wednesday and Thursday after the state Game and Fish Department pulled out because the park won't let qualified hunters shoot the elk, rather than using contract sharpshooters. Park superintendent Valerie Naylor said the sudden withdrawal by Game and Fish makes it better to talk about the elk issue at a later date. Naylor said it would take an act of Congress to change law allowing hunting inside a national park. "That is not a reasonable or legal alternative that the park can pursue," she said. Kreil said the distinction between a sharpshooter and a qualified hunter is "murky." He said the agency didn't envision a wide-open hunt in the park, but rather a tightly monitored method used over several seasons....
Gore may get doctorate former Vice President Al Gore could pay a visit to the University in the near future to receive an honorary degree for his work in climatology. University President Bob Bruininks spilled the beans at the February Board of Regents meeting, saying that "two of our colleges are working with Vice President Gore to provide, we hope, an honorary doctorate." Gore has been in the news lately for his 2006 documentary, "An Inconvenient Truth," about global warming. University spokesperson Daniel Wolter said since Gore is an expert in the subject, several colleges at the University have expressed interest in inviting Gore to speak on campus. "He's in the news and is a legitimate expert on a pressing issue of global concern, climate change, so this level of interest is understandable," Wolter said. "However, no plans have been set and it's unlikely that would occur this spring."....
USDA Responds To Concerns About Canadian Cattle Imports Responding to a media report that documents obtained by Washington cattlemen show hundreds of cattle from Canada are entering the United States without government-required health papers or identification tags, USDA officials indicated that no significant violations have occurred. Andrea McNally of Animal and Plant Health Inspection Service's legislative and public Affairs division told Meatingplace.com that her agency is "reviewing the concerns that have been brought to our attention in Washington state." "As we are reviewing these records, we have discovered that a large portion are minor record-keeping problems that are not material to the entry requirements of the cattle," she said. "Nonetheless, we are looking closely to make sure the balance of the paperwork shows proper documentation, and we will respond according to our findings."Meanwhile, the Canadian Cattlemen's Association is questioning both the Chicago Tribune article and the motives of the Cattle Producers of Washington. John Masswohl, director of government and international relations for CCA, told Meatingplace.com that a different set of rules apply to those Canadian cattle imports used for immediate slaughter and those going to feedlots. Masswohl explained that the USDA only requires that Canadian slaughter cattle go from the border to the slaugherhouse in a sealed truck. That these cattle have identification papers when they arrive is the result of Canada's own export requirements, he said.....
Hundreds Quit Smithfield Plant In Wake Of Immigration Crackdown Hundreds of workers have left their jobs or have refused to come to work at Smithfield Packing Co.'s Tar Heel, N.C., plant since federal agents initiated a crackdown on illegal immigrants, the company said. The world's largest hog slaughterhouse is now missing about 300 employees, a void that has led to slower production and overtime work. Some have tendered resignation letters and collected unused vacation pay, while others have quit without notice after having been identified in November as having unverifiable employment papers, Smithfield spokesman Dennis Pittman told reporters. Back in November, as part of a voluntary enforcement program offered by Immigration Customs and Enforcement, Smithfield notified by letter between 500 and 600 workers that their Social Security numbers, names or other personal data were unverifiable. The company also fired roughly 50 employees for providing false information, which prompted nearly 1,000 of their co-workers, most of them Hispanic, to walk out in protest. The workers returned two days later after Smithfield agreed to rehire the fired workers and meet individually with the letter recipients. The company gave them 60 days to produce proper documentation, a grace period that has since ended. Only 50 workers have done so and have kept their jobs, but none have been fired, Pittman said....
Shipments to Mexico Drive U.S. Beef Exports in 2006 U.S. beef exports in the fourth quarter totaled 308 million pounds, bringing the 2006 export total to 1.153 billion pounds. This marks a 65-percent increase over 2005, although it is only 46 percent of the record set in 2003. One highlight for exports in 2006 was the record level going to Mexico. Exports to Mexico reached 668 million pounds, easily surpassing the 2002 record of 629 million pounds. A strong Mexican economy, buoyed by high prices for oil exports, appeared to support this buying. Exports to Canada also bounced back, reaching 238 million pounds, more than doubling the 2005 export level. A weak U.S. dollar vis-à-vis the Canadian dollar was an important factor over the last three quarters of 2006. U.S. exports to Japan were interrupted in January 2006 with the discovery of prohibited material (a vertebral column in a veal rack), and exports did not resume in earnest until August. Total exports to Japan reached only 52 million pounds in 2006 (the United States had frequently exported over 900 million pounds to Japan prior to 2004). Japanese consumer acceptance of U.S. beef seems to be rebounding, and high domestic beef prices there make imports attractive....
U.S. Cattle Imports Up In 2006, Small Decline Expected In 2007 U.S. cattle imports totaled 2,289,000 head in 2006, based on December trade data recently released by the U.S. Commerce Department. Mexico remained the largest source of imported cattle to the United States, sending 1,257,000 head last year, virtually even with its 2005 total. The United States imports almost entirely lightweight stocker-feeder calves from Mexico, but the decline in calf prices in late 2006 in response to rising corn prices did not significantly dampen imports of Mexican calves. In the short run, their supply appears to be quite inelastic, as the U.S. market remains the best outlet for those animals already on hand. Weekly reports from the Agricultural Marketing Service (AMS), USDA, indicate imports from Mexico so far in 2007 are down significantly, but this appears to be related to poor weather and related conditions in the United States, and the cattle are expected to come north when conditions improve. U.S. cattle imports from Canada totaled 1,032,000 head in 2006, marking the first full calendar year of imports from Canada since 2002. Imports were suspended in May 2003 following the discovery of the first Canadian BSE (bovine spongiform encephalopathy) case, and imports of Canadian feeder cattle and slaughter steers and heifers resumed in July 2005. The July-December total for 2006 was 504,000 head, down about 10 percent from the same period in 2005....
Officials aim to halt hormone thefts sweeping dairy industry Surveillance video captured three thieves slipping onto E.J. deJong's dairy farm under the cover of night, making their way past the cows in his milking parlor. One, wearing a cowboy hat, used a bar to pry open the door to the farmer's office, where deJong stored thousands of drug-filled syringes used to boost milk production in his herd. They made quick work carting out their haul. In just one night, deJong lost about $30,000 worth of the genetically engineered hormone rBST, or recombinant bovine somatotropin, in what police say was one of the most brazen, high-value heists to date. The three suspects still haven't been caught. Rural crime officials say vials of rBST are a favorite among thieves who resell the growth hormone for top dollar on the black market. Fewer dairy farmers use it these days due to concerns over its health effects, and thefts had declined in recent years, but the sophistication and overall worth of the December break-in have alarmed authorities over the possibility of a larger hormone-peddling syndicate....
Cowboys and sodbusters fight over cheap land The Borden County courthouse was the scene of a noholds barred wrestling match on Feb. 27, 1904, as cowboys and sodbusters fought over cheap land in a once-in-a-lifetime sale. A favorite subject of motion pictures and television has long been the "range war," violent clashes between ranchers and homesteaders for the wideopen spaces. While the West Texas real-estate row in the opening decade of the twentieth century featured plenty of bumps, bruises and bloody noses, the fact that fists were the weapon of choice prevented the loss of a single life. By 1880 Texas had set aside an area the size of North Carolina for public education and given away the equivalent of Maine to the railroads. Ranchers bought up the iron- horse sections that came onto the market and later doubled the grazing range for their huge herds by leasing school land for as little as eight cents an acre....
It's All Trew: First ranchers adapted Choosing "the first ranchers" depends on where you are located. In the South, from the Mississippi River east, people raised livestock for both work and meat. However, they were called "stockmen" and most used dogs and slaves to tend their livestock. In the states bordering Mexico where Spanish land grants were given to the first settlers, we find early "ranchos" owned by "rancheros" with the employees called "vaqueros.'' As the Spanish influence worked its way up the California coast, we find "haciendas" and "rancherias" with the employees called "caballeros." The rancher, as we know him, had not arrived. Some of the last areas of the West to be settled stretched from the Red River in Texas to the Canadian border and was called The Great Plains. In this vast area were mountain men and trappers whose vocations were dying. There were also gold seekers and Indian traders whose heyday had passed. With the Indian Nations captured and placed onto reservations, many soldiers were out of work. All had years of experience in the West and were looking for a place to settle down....
Tuesday, February 20, 2007
FLE
Senate hearings on Ramos-Compean postponed Senate Judiciary Committee hearings scheduled by Sen. Diane Feinstein, D-Calif., to investigate the prosecution of border agents Ignacio Ramos and Jose Compean have been postponed, WND has learned. Sen. Feinstein told WND that scheduling difficulties were responsible for the cancellation of the Feb. 27 hearing and her office anticipates that a new hearing date will be set soon. A spokesman for Sen. John Cornyn, R-Texas, said he was disappointed to hear of the postponement, noting the senator's staff had done extensive work in preparation. As WND reported, Feinstein received permission from Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., to examine the case. The Bush administration has drawn strong criticism from Republican congressmen angry about its handling of a case in which two border agents were given 11- and 12-year sentences after granting a drug smuggler immunity to testify against them....
U.S. 'rewarded' alien for his testimony An illegal alien got a "get out of jail free card" plus U.S. legal documents and monetary compensation from federal prosecutors in exchange for his testimony against a U.S. Border Patrol agent accused of using excessive force during an arrest. Former agent David Sipe, who was convicted and fired, recently won an acquittal at a court-ordered retrial. A federal appeals court in Texas ordered the new trial, saying prosecutors gave the illegal alien and two others additional inducements not disclosed at the time for their testimony, including Social Security cards, witness fees, permits allowing travel to and from Mexico, living expenses and free use of government phones. "The government stated in writing the aliens were allowed to remain and work in the United States pending trial and specified that 'no other promises or advantages' had been given," the court said. "That was not true." Mr. Sipe, 35, of Bethany, Okla., was convicted in 2001 after a five-day jury trial in McAllen, Texas, before U.S. District Judge Ricardo Hinojosa. U.S. Attorney Mervyn Mosbacker Jr.'s office charged the agent with using excessive force and causing bodily injury in the 2000 arrest of a Mexican national, Jose Guevara....
Smuggler's 2nd delivery of marijuana confirmed Osbaldo Aldrete-Davila, the Mexican drug smuggler given immunity to return to the United States and testify against two Border Patrol agents, was involved in smuggling a second load of marijuana into the United States after he was given court protection, records have confirmed. Newly released transcripts of the trial of Jose Compean and Ignacio Ramos have corroborated WND reports that the Mexican illegal alien was involved in the second drug case, this one involving a load of marijuana brought into the U.S. in October 2005. The incident followed his grant of immunity by U.S. Attorney Johnny Sutton in return for truthful testimony against Ramos and Compean. The former agents are serving 11 and 12 year prison terms for their actions in a Feb. 17, 2005, incident in which they shot Aldrete-Davila as he was fleeing across the border into Mexico....
Border violence rises along with enforcement Jeannine Pallotto often rides her favorite Arabian horse on desert trails through stands of saguaro cactus and ironwood trees in Arizona's Ironwood Forest National Monument -- trails crisscrossed by immigrant smuggling corridors. Mindful of escalating violence tied to a crackdown on the border, though, she knows when to retreat from strangers. ``You never know which ones will pull a gun on you,'' said Pallotto, 45, who has lived next to this mountainous terrain northwest of Tucson for four years. Illegal border crossings are declining because of tougher enforcement, posting an overall 27 percent drop in the four months ending Jan. 31, the U.S. Border Patrol says. All sectors on the southern border, even the nation's busiest one based in Tucson, are showing drops in apprehensions of illegal migrants. But the crackdown has been accompanied by deadlier tactics by the most daring smugglers, who are now charging higher fees to bring Mexicans and others from Latin America into the United States illegally. In four recent cases, seven people were killed in Arizona, mostly after apparent smuggler-on-smuggler violence; one case is also being investigated for possible vigilantism. At Ironwood Forest earlier this month, three suspected immigrants were killed after gunmen apparently tried to steal a rival organization's load of illegal migrants; one alleged smuggler is now in custody....
This is just amazing. If we go back to the Kit Laney case, the U.S. Attorney believed everything Federal law enforcement told him. This was a Federal agency against a U.S. rancher. In the cases above, Federal law enforcement is not only disbelieved by the U.S. attorney, but has charges filed against it's officers. In these cases it's a Federal agency against illegal immigrants and drug smugglers. So, don't believe the U.S. rancher but do believe the illegal drug smugglers? What has become of the Bush Justice Dept.? Let's hope Senator Feinstein holds those hearings, and then expands them to look at the practices of the entire department.
Senate hearings on Ramos-Compean postponed Senate Judiciary Committee hearings scheduled by Sen. Diane Feinstein, D-Calif., to investigate the prosecution of border agents Ignacio Ramos and Jose Compean have been postponed, WND has learned. Sen. Feinstein told WND that scheduling difficulties were responsible for the cancellation of the Feb. 27 hearing and her office anticipates that a new hearing date will be set soon. A spokesman for Sen. John Cornyn, R-Texas, said he was disappointed to hear of the postponement, noting the senator's staff had done extensive work in preparation. As WND reported, Feinstein received permission from Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., to examine the case. The Bush administration has drawn strong criticism from Republican congressmen angry about its handling of a case in which two border agents were given 11- and 12-year sentences after granting a drug smuggler immunity to testify against them....
U.S. 'rewarded' alien for his testimony An illegal alien got a "get out of jail free card" plus U.S. legal documents and monetary compensation from federal prosecutors in exchange for his testimony against a U.S. Border Patrol agent accused of using excessive force during an arrest. Former agent David Sipe, who was convicted and fired, recently won an acquittal at a court-ordered retrial. A federal appeals court in Texas ordered the new trial, saying prosecutors gave the illegal alien and two others additional inducements not disclosed at the time for their testimony, including Social Security cards, witness fees, permits allowing travel to and from Mexico, living expenses and free use of government phones. "The government stated in writing the aliens were allowed to remain and work in the United States pending trial and specified that 'no other promises or advantages' had been given," the court said. "That was not true." Mr. Sipe, 35, of Bethany, Okla., was convicted in 2001 after a five-day jury trial in McAllen, Texas, before U.S. District Judge Ricardo Hinojosa. U.S. Attorney Mervyn Mosbacker Jr.'s office charged the agent with using excessive force and causing bodily injury in the 2000 arrest of a Mexican national, Jose Guevara....
Smuggler's 2nd delivery of marijuana confirmed Osbaldo Aldrete-Davila, the Mexican drug smuggler given immunity to return to the United States and testify against two Border Patrol agents, was involved in smuggling a second load of marijuana into the United States after he was given court protection, records have confirmed. Newly released transcripts of the trial of Jose Compean and Ignacio Ramos have corroborated WND reports that the Mexican illegal alien was involved in the second drug case, this one involving a load of marijuana brought into the U.S. in October 2005. The incident followed his grant of immunity by U.S. Attorney Johnny Sutton in return for truthful testimony against Ramos and Compean. The former agents are serving 11 and 12 year prison terms for their actions in a Feb. 17, 2005, incident in which they shot Aldrete-Davila as he was fleeing across the border into Mexico....
Border violence rises along with enforcement Jeannine Pallotto often rides her favorite Arabian horse on desert trails through stands of saguaro cactus and ironwood trees in Arizona's Ironwood Forest National Monument -- trails crisscrossed by immigrant smuggling corridors. Mindful of escalating violence tied to a crackdown on the border, though, she knows when to retreat from strangers. ``You never know which ones will pull a gun on you,'' said Pallotto, 45, who has lived next to this mountainous terrain northwest of Tucson for four years. Illegal border crossings are declining because of tougher enforcement, posting an overall 27 percent drop in the four months ending Jan. 31, the U.S. Border Patrol says. All sectors on the southern border, even the nation's busiest one based in Tucson, are showing drops in apprehensions of illegal migrants. But the crackdown has been accompanied by deadlier tactics by the most daring smugglers, who are now charging higher fees to bring Mexicans and others from Latin America into the United States illegally. In four recent cases, seven people were killed in Arizona, mostly after apparent smuggler-on-smuggler violence; one case is also being investigated for possible vigilantism. At Ironwood Forest earlier this month, three suspected immigrants were killed after gunmen apparently tried to steal a rival organization's load of illegal migrants; one alleged smuggler is now in custody....
This is just amazing. If we go back to the Kit Laney case, the U.S. Attorney believed everything Federal law enforcement told him. This was a Federal agency against a U.S. rancher. In the cases above, Federal law enforcement is not only disbelieved by the U.S. attorney, but has charges filed against it's officers. In these cases it's a Federal agency against illegal immigrants and drug smugglers. So, don't believe the U.S. rancher but do believe the illegal drug smugglers? What has become of the Bush Justice Dept.? Let's hope Senator Feinstein holds those hearings, and then expands them to look at the practices of the entire department.
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