NEWS ROUNDUP


Seizing land for development is banned Private property rights found favor again with Oregon voters Tuesday night. With 46 percent of the votes counted, Measure 39 passed with 67 percent in favor. Inspired by a U.S. Supreme Court ruling expanding eminent-domain powers, the measure bars state and local authorities from taking private property for economic-development projects such as retail-residential complexes that end up in the hands of private developers. Following on the heels of Measure 37 in 2004, which gave property owners the right to demand payment for lost market value or a waiver of land-use laws imposed since they bought property, Measure 39 kept Oregon in the forefront of states protecting private property rights, said the main supporter of both measures, Dave Hunnicutt of Oregonians in Action. "Property rights are important to all Oregonians: Republican, Democrat, Libertarian, Green Party, it doesn't really matter," Hunnicutt said from the Columbia County Courthouse in St. Helens. Chuck Sides, a Salem developer who served in the Legislature and on the Salem-Keizer School Board, said that passage of Measure 39 likely would freeze action on urban-development projects for a while, then likely would lead to expanding urban growth boundaries as cities look for new places to grow instead of redeveloping old ones. Hunnicutt disagreed. "I have never been in a city in Oregon where there aren't plenty of property owners happy to make their land available to development," he said. "So why find the one property owner who doesn't want to sell and force them?"....
Arizona Supreme Court erases ruling against property rights measure A state Supreme Court ruling on Wednesday at least temporarily removed a legal cloud from a property rights initiative approved by Arizona voters. The Supreme Court on Wednesday upheld a judge's ruling allowing Proposition 207 to go on Tuesday's state general-election ballot but erased the judge's finding that the measure apparently violated a requirement that some propositions include a funding source for implementation costs. The Supreme Court issued its unanimous ruling one day after Arizona voters overwhelmingly approved the measure restricting the state's use of eminent domain and ensuring compensation for a property owner whose property values are reduced by government land-use laws. Eight states approved laws that limited use of eminent domain, but voters in California, Idaho and Washington state rejected measures that required compensation to property owners for government land use actions that were similar to the Arizona proposition....
Ca. Environmentalists downplay Prop 87 loss, vow reform The defeat of a measure to promote alternative fuels may have bucked voters' embrace of other environmental issues, but conservationists vowed to make the state a leader in curbing fuel use and combatting global warming. In a state where the gubernatorial candidates fought over who was greenest, the environment largely prevailed at the ballot box. The defeat of Rep. Richard Pombo, R-Tracy, who as House Resources Committee chairman tried to rewrite the Endangered Species Act, was labeled the “sweetest victory” by the Sierra Club, which poured more than $600,000 into the race. He lost out to wind energy consultant Jerry McNerney. Conservationists prevailed in passing a $5.4 billion bond to improve water quality and create more parks, and they defeated a property rights measure that could have jeopardized the ability to protect the coast, farmland and wetlands. But the celebrities who rallied behind Proposition 87 to impose a $4 billion tax on oil production to promote alternative fuels and energy-efficient vehicles failed to overcome a $94 million campaign funded largely by the oil industry that warned of higher gas prices....
Environmentalists revel in downfall of their public enemy No.1 Republican Rep. Richard Pombo of California gave environmentalists fits with his unmasked disdain for the Endangered Species Act and his reverence for private property rights. They exacted a stunning revenge this week. Defenders of Wildlife, the Sierra Club, the League of Conservation Voters and others spent more than $1 million to shove the seven-term incumbent out of office Tuesday at the peak of his power as chairman of the House Resources Committee, which writes environmental laws. At a press conference Wednesday afternoon in Tracy, where he and his family live at their cattle ranch, a subdued Pombo said he had called McNerney to offer congratulations. He declined to take shots at his opponent, Democrats or the environmental groups that bedeviled him. "I knew I was going to be a target of these outside groups, but it didn't change what I did as a member of Congress," Pombo said. "I've fought for the things I believed in and I'll go home with my head held high. ... Obviously, my opponent spent a huge amount of money. But today it's all about congratulations."....
Environmentalists put down 'Western rebellion' The "Western rebellion" that propelled California Republican Rep. Richard Pombo to power now has receded, leaving many of its most important goals unmet and possibly beyond reach. Democrats will run the House Resources Committee, which Pombo has led for the past four years. That will mean new priorities for parks, public lands and Western water. The Democratic takeover also emboldens the environmental groups that spent well over a million dollars to help ensure Tuesday night's stunning defeat of Pombo. It all portends an intriguing next couple of years in the environmental trenches. "As environmentalists, we're often frustrated that our issues are not part of the political conversation," Gene Karpinski, the president of the League of Conservation Voters, said Wednesday. "But in race after race across the country, the environment was part of the conversation ... (and) we're proud of what we did." The Western rebellion, also known as the Sagebrush rebellion, involves people in the West who think that the federal government oversteps itself on property rights issues, especially regarding enforcement of the Endangered Species Act. They also chafe over the fact that half the West is owned by the federal government instead of privately. Pombo wasn't, however, the only Republican targeted by environmental groups. Of 13 lawmakers identified by the League of Conservation Voters' "Dirty Dozen" campaign, nine lost Tuesday. With the exception of Pombo's race, the environment wasn't the highest profile issue in targeted House and Senate campaigns. Independent polls ranked it far below Iraq, terrorism, ethics and health care. Taken together, though, the congressional departures transform the environmental debate....
Taking back the initiatives Five outta six ain't bad. As I mentioned earlier, the takings measures in Montana and Nevada were yanked by the courts. Then last night, the good news just kept on coming. Voters in three Western states -- California, Idaho, and Washington -- soundly rejected ballot measures that aimed to hamstring local governments and cripple environmental protections. It wasn't close. In most places voter's message was deafening: we want to protect our communities and our natural heritage. The only blot on the otherwise wholesale rejection was Arizona, where Proposition 207 appears to have won -- 65 (yes) to 35 (no). Opponents there had to struggle against an unbelievably crowded ballot and the usual deceptive tactics of anti-government mogul Howie Rich and his minions. The "property rights" movement isn't going away. But last night's elections dealt them a crushing blow. They'll be forced now to contend with the fact that the overwhelming majority of Americans, even in conservative states (and perhaps especially so), value local decision-making and want to respect natural limits....
Voters Nationwide Demand Respect for Private Property Rights Voters in nine states spoke with a single voice on Tuesday, demanding that bureaucrats respect their private property rights and stop abusing eminent domain. “This is an amazing day,” said Pacific Legal Foundation Staff Attorney Timothy Sandefur. “Americans are demanding protection from eminent domain, and insisting that the bureaucrats respect their property rights.” In what is widely seen as a reaction against the Supreme Court’s notorious Kelo decision, ballot initiatives in Florida, Georgia, Arizona, Michigan, Nevada, New Hampshire, North Dakota, Oregon, and South Carolina passed overwhelmingly, creating powerful new limits on government’s power to seize private property and transfer it to private developers. The reforms that passed on Tuesday received a landslide national average of 75 percent “Yes” votes. Probably the strongest reform enacted on Tuesday was Florida’s Amendment 8. Along with prohibiting eminent domain for private development, the Florida initiative forbids government from taking property for purposes of eliminating “blight.” This restriction is important, Sandefur explains, because the legal definition of “blight” is often so ambiguous that officials can use the label to take whatever land they want. “Florida has chosen a clear course of respecting people’s right to keep and use the land that they have honestly bought and paid for,” Sandefur added. Initiatives in Idaho, California, and Washington failed to pass. “The initiatives proposed in those states suffered from several problems,” explained Sandefur. “Some of them were vaguely written, and had complicated legal flaws. I think voters wanted to be sure that they got real reform on eminent domain.”....
Green Republicans Lead GOP Losses Green Republicans who have supported higher energy prices and opposed protecting property rights suffered major losses in House and Senate elections, according to an initial analysis by the Competitive Enterprise Institute. There were also setbacks for consumers and private property owners in the mid-term elections. The biggest loss was the defeat of Representative Richard Pombo (CA) of California, Chairman of the House Resources Committee. Pombo had been the number one target of several environmental political action committees in this election. In the Senate, Green Republicans Lincoln Chafee (RI) and Mike DeWine (OH) were sent packing by voters. In the House, notable green Republicans who were defeated include Representatives Charles Bass (NH), Jeb Bradley (NH), Nancy Johnson (CT), and Jim Leach (IA). The re-election race of another green Republican, Rep. Rob Simmons (CT), was still undecided as of Wednesday morning. “Although many green Republicans, such as Senator Chafee stressed their environmental records, it didn’t seem to do them much good,” said Myron Ebell, CEI Director of Energy and Global Warming Policy. “It is also worth noting that groups such as the League of Conservation Voters and the Sierra Club didn’t spend any money to support their Republican allies in Congress....
Arizona Voters Pass Proposition 204 Arizona voters have passed Proposition 204, which will end the use of gestation-sow stalls in the state. The issue passed by a significant margin-- 61.5 percent to 38.5 percent. This follows a similar development that occurred in Florida in 2002, and it will set the stage for animal activists’ future efforts elsewhere. It will strengthen their cause and their abilities to push for similar bans. It also will build their confidence to move deeper into the arena of dictating how animal agriculture performs and how animals are raised. It is worth noting that Florida voters addressed constitutional amendments again on Nov. 7. They passed a constitutional amendment that will make it harder for them to change the state constitution in the future. Amendment 3, which passed with 58 percent of the vote, was at least partly in response to the 2002 gestation-stall amendment. Amendment 3 requires that future constitutional amendments receive 60 percent approval for adoption. Had it been in place in 2002, the gestation-crate proposal would have been defeated. In a response to the Arizona initiative, the National Pork Producers Council said: “It is regrettable animal rights groups were successful in vilifying honest, hardworking farmers and ranchers who treat their animals humanely and provide them a safe, healthy environment in which to grow….Lessons learned in Arizona will be valuable as these anti-agriculture groups take this issue to other states.”....
Santa Clara County Voters Reject Measure A A Santa Clara County measure that would have put building limits on hundreds of thousands of acres of ranchlands and other open spaces has been defeated. With votes from all the precincts counted, a little more than 51 percent of Santa Clara County voters cast their ballots against Measure A. The measure would have set strict new building limits on about 400,000 acres across the county. It was strongly opposed by farmers, ranchers and rural property owners who said it would have hampered their ability to construct new buildings for their operations, or to build homes on their properties.
Victim describes coyote attack Four people who live in the Green Valley area are getting rabies shots as a precaution after they were attacked by a coyote. The animal was roaming near the San Ignacio and Canoa Hills golf courses, on the south side of Green Valley. The first attack happened Wednesday and, over the weekend, Elgin Pritchard says he was bitten while grilling in his yard. Elgin Pritchard was grilling dinner when he noticed a yard light went out. He went to adjust it and something grabbed him. "I just felt him grab me and then I looked around and I obviously knew what happened cause I saw him standing right there," Pritchard said. "He was a big guy and I just yelled at him 'Get out of here! Get out of here! Get out of here!" The coyote left four puncture wounds in Pritchard's right leg....
County suing feds Otero County is suing the United States Fish and Wildlife Service for failure to remove the Sacramento mountain thistle from the endangered species list. Otero County Administrator Dr. Martin Moore said the purpose of the lawsuit is to tell "the federal government to do their job and follow due process." The lawsuit was filed on Nov. 2 in U.S. District Court in Albuquerque. Moore said that Otero County petitioned the Fish and Wildlife Service over a year and a half ago to have the thistle removed from the endangered species list. It was found by the county to be plentiful, and it's endangered status is effecting the livelihood of certain county residents, including ranchers and people involved in recreation. Moore said human access was limited in "certain areas people use for recreation (and) cattle grazing" and the limited access also effects any public works projects in the area....
Judge reopens sensitive snowmobile trails A federal judge has reopened popular snowmobile trails in northern Idaho that had been closed to protect caribou. The ruling by U.S. District Judge Robert Whaley in Spokane, Wash., on Tuesday lifted the snowmobile ban from the caribou recovery zone in the Idaho Panhandle National Forests surrounding Priest Lake. "I've never seen anything like this," said Mark Sprengel of the Conservation Alliance. "This blindsided us. It contravenes all available science." Craig Hill, a resort owner on the west shore of Priest Lake, said he was ecstatic with the ruling. "This couldn't have happened at a better time," he told The Spokesman-Review. "It's something that's going to save the winter economy at Priest Lake."...
BLM touts Sublette efforts The Bureau of Land Management kick-started its public relations efforts surrounding energy development in Sublette County this week, reconvening a muddled advisory group and championing its progress managing public lands. The Pinedale Anticline Working Group, a citizens' group that makes recommendations to the BLM regarding environmental impacts in the major natural gas field, gathered Monday with seven new members and two existing members. That group's purpose became clouded in recent months after many former members criticized the BLM for diluting their role, and for tabling many recommendations because of expiring terms. Also Monday, the BLM held an open house to highlight a 177-page document outlining a list of commitments made in BLM documents concerning development on the Anticline and Jonah gas fields. More than 90 percent of those commitments were completed by the BLM, according to the agency. The BLM's work has come under fire in recent months, as internal agency documents showed it had failed to follow through on many commitments and had fallen short in protecting natural resources....
Fish and Wildlife Service designates lynx habitat The U.S. Fish and Wildlife Service is designating 1,841 square miles, in three states, as critical habitat for the threatened Canada lynx. The territory is far less than the service proposed originally. A federal rule announced Wednesday applies to lynx habitat in 1,389 square miles in Montana's Glacier National Park; 317 square miles in Minnesota's Voyageurs National Park; and 135 square miles in Washington's North Cascades National Park. The Endangered Species Act defines critical habitat as places with features essential for the conservation of a species threatened or endangered. A designation may bring special management of habitat. The rule is to be published Thursday in the Federal Register. Lynx, typically weighing 18 to 23 pounds, are on the federal list of threatened species. They prey on the snowshoe hare and occupy forested areas in the Northeast, the Great Lakes region, the Rocky Mountains and the Cascade Mountains. Originally, the Fish and Wildlife Service wanted to place a critical-habitat designation on about 18,000 square miles in Maine, Minnesota, the northern Rocky Mountains and north-central Washington....
Fort Bliss plan draws concern During a public input meeting Wednesday at the Alamogordo city commission chambers, Fort Bliss presented its plans for accommodating training and living facilities for some 20,000 to 30,300 incoming soldiers. Following the presentation, three individuals stood to speak their minds and concerns over the Fort Bliss preferred option for reorganizing its land use of the McGregor Range area. The proposed action alternative involves base activities extending north of State Road 506, a road which provides Otero Mesa ranchers their primary access to Alamogordo and also provides a potential fire break for grass fires. Otero Mesa rancher Bob Jones also shared the fire danger concern. "The grass is belly-deep out there," Jones said. "It's a real concern to us." Jones said when there is a fire out on the mesa about two-thirds of the time the ranchers are able to put it out before the responsible parties even get to the area. "Five-oh-six worries us because everything comes in on that road," Jones said, bringing up a second concern. "Would it be possible to put an overpass over that road?" The road is already closed down for periods of time for military use. Jones and fellow rancher Bebo Lee shared concerns about how long it would take to open the road each time with additional military activity taking place around it....
Lawyers prep for American Indians' suit Attorneys for American Indian farmers and ranchers are gathering information and witnesses for a discrimination case against the federal government. Attorneys planned to meet Thursday near Fort Yates near the South Dakota state line to collect data for the lawsuit, which was filed in 1999. The lawsuit alleges the U.S. Department of Agriculture discriminated against native Americans in the granting of loans beginning in 1981. "This is an information-gathering trip - we want to reach out to people in South Dakota about the case," said Joe Sellers, lead attorney for the American Indians. Sellers, said his Washington, D.C.-based firm will gather up to 100 Indian ranchers and farmers to serve as witnesses at trial. He said about 50 have been found so far, mostly in North Dakota, Montana and Oklahoma. The meeting near Fort Yates targets Indian producers from South Dakota who believe they have been discriminated against by the USDA, Sellers said....
Japan halts beef imports after bad documentation on shipment Japan said Wednesday it has halted beef imports from one U.S. meatpacking plant after finding a shipment with improper documentation, a development that may test the public's concern about the safety of American beef imports. The Agriculture and Health ministries decided to halt shipments from Swift & Co.'s plant in Greeley, Colo., after a shipment from the facility arrived in Osaka without proper documentation for some of the internal organs contained within, Agriculture Ministry official Yasushi Yamaguchi said. The Japanese government has asked the U.S. government to investigate the mishap and outline measures to prevent a recurrence, Yamaguchi said. After receiving a report from the U.S. side, the Japanese will send a delegation to the Greeley plant to review whether it is following rules for export to Japan before allowing trade to resume. "We are very concerned about what appears to be a simple error because it comes so soon after Japan lifted its import ban," Yamaguchi said. The suspect package was only of 760 boxes containing 11 tons of frozen beef and beef tongue....
The legend of 'Ol' Slewfoot' No one knows for sure how the deer known as "Ol' Slewfoot" lost its leg. No one even remembers which leg the deer was missing. But the big buck "mulie" was commonly seen over 50 years ago by ranchers living in the shadows of the big buttes known as Sheridan's Gates on the western edge of Nebraska's Pine Ridge. Nearby Fort Robinson played a final role in the defeat of the Sioux as the tribes filtered in, destined to live in reservations in Dakota Territory. The last to surrender was the great Sioux War Chief Crazy Horse who was killed at the fort in 1877. Shortly after, the cattlemen came and then the homesteaders. It's from this homesteading era that many ranchers trace their roots. That's the case with Dale Chesek who still lives just a couple miles south of where his grandfather homesteaded in the 1880s. And it was from Dale, that I learned the story of Ol' Slewfoot, the once-majestic mulie whose rack and skull have hung in Chesek's machine shed since the big blizzard of 1948-49....