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Endangered Species - National

New information added on September 19, 2013

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News Brief

Why the Assault?” - Book Review By Jigs Gardner (PRFA, June 2008)
Government Pirates: The Assault on Private Property Rights And How We Can Fight It by Don Corace (Harper Collins, 288 pp., $14.95 paper)

“Statement by the National Cattlemen’s Beef Association & Public Lands Council on Livestock Grazing on Public Lands - Submitted to the Subcommittee on Forest and Forest Health, The Honorable Greg Waldren, Chairman, of the House Committee on Resources, The Honorable Richard Pombo, Chairman - By Mr. Jim Chilton, April 13, 2005”
Describing the lawsuit assaults by the Center for Biological Diversity and the Forest Guardians to enjoin cattle grazing on the Chiltons federal grazing allotments, Jim Chilton lays bare the way that radical preservationists have hijacked the failed Endangered Species Act for purposes that Congress did not intend.

February 25, 2004:
“Ninth Circuit Court Sets Precedent for Science in Landmark ESA Case”
- Press Release, House Resources Committee,
The Pacific Legal Foundation won a victory in the Ninth Circuit Court of Appeals on February 24 over the National Marine Fisheries Service, which was illegally invoking the Endangered Species Act by keeping fish counts artificially low by counting only naturally spawned, but not hatchery raised, genetically identical salmon.
Pacific Legal Foundation


February 2001:
“Unions Use Environmental Lawsuits to Extort Labor Agreements—Power Plants in California Delayed”

 See Also
See Also

Endangered Species - New York

Wildlands

Essential Books & Publications
Essential Books
& Publications

Defending Illusions - Federal Protection of Ecosystems
By Allan K. Fitzsimmons
3192 Rivanna Court
Woodbridge, VA 22192
(703) 491-5615
This book examines the science, philosophy, and law of ecosystems management and shows how
efforts to make federal protection of ecosystems the centerpiece of national environmental policy are driven by religious veneration of Mother Earth wrapped in a veil of science.
www.rowmanlittlefield.com

Additional Resources
Additional Resources

Central Idaho Wolf Coalition
John Nelson
website:
www.centralidahowolfcoalition.com
email: flypole@earthlink.net
The coalition was formed in February 2000 with the goal of ending the “non-essential and experimental” Canadian gray wolf introduction.

Websites
Websites

Chilton Ranch, Arivaca, Arizona
www.chiltonranch.com
The Chilton website focuses on their successsful lawsuit against the Center for Biodiversity.
address
 

In-Depth Information

  • Peter J. LaGrasse“The Mythological Native American” - Cannibalism, Headhunting and Human Sacrifice in North America, A History Forgotten by George Franklin Feldman (Alan B. Hood & Co., Chambersburg, Penna. 2008), Book Review by Peter J. LaGrasse, full version of edited review that appeared in the New York Property Rights Clearinghouse Vol. 17, No. 2 (PRFA, July 2013)
    Contrary to common perceptions, pre-Columbian Native Americans were far from noble in their actions toward each other and often had a profoundly negative impact on the environment. To try to restore the landscape to pre-Columbian wildlands is a deception.
  • Jim Streeter“Land Issues Facing Congress” by Jim Streeter, Staff Director, Subcommittee on National Parks, Forests and Public Lands, U.S. House of Representatives, Washington, D.C. Address to the Sixteenth Annual National Conference on Private Property Rights (PRFA, Latham, N.Y. October 20, 2012 (Property Rights Foundation of America, Inc.)
    This thought-provoking talk ranged through a number of topics affecting both federal and private land: federal land management and the effect on school systems in the West, invasive species studies without action, National Park concessions, setting bounds on federal authority, laws to define harassment by feds per Supreme Court dissent, collusion and lobbying with federal grants, feds and environmental groups targeting private properties, land adjoining federal land and heritage areas, mis-directing border control funding toward endangered species damage, common sense in protecting species, defunding sustainable development grants, attacks on Tea party groups who oppose sustainable planning, history of federal lands, choosing language, the property rights movement, court decisions and legislative opportunities, experiences sought for hearings.
  • Charles E. Kay“Wolf Recovery in the Northern Rockies: What Pro-Wolf Advocates Do Not Want You to Know” - Address by Charles E. Kay, Ph. D., Wildlife Ecology, John M. Huntsman School of Business, Utah State University, Address to the Sixteenth Annual National Conference on Private Property Rights, Latham, N.Y., October 20, 2012 (Property Rights Foundation of America, Inc.)
    Charles Kays presentation ranged widely across the many aspects of reintroducing wolves to the Northern Rockies, and how his knowledge may be applicable to the East, where there is talk of putting wolves in upstate New York. He repeatedly exposed corruption of science and the ignorance of federal judges. He took the audience through the depredations by the colonizing wolves and the resultant near extinction of the elk, debunking the distracting established themes from predator-mediated competition to the supposed relevance of habitat. As his talk gathered steam, he said that the wolves are now in the process of wiping out woodland and mountain caribou across the length and breadth of Canada. The wolf has reduced hunting opportunities by ninety percent in the Northern Rockies, as he predicted in 1993. Livestock losses in the West have been virtually uncompensated.
  • Will N. Graves“The Truth about Wolf Reintroduction: What the U.S. Can Learn from Russian Wolves,” Address by Will N. Graves, Author Wolves in Russia, Fifteenth Annual National Conference on Private Property Rights, Latham, N.Y., October 29, 2011 (Property Rights Foundation of America, Inc.)
    In this very concise summary, Will Graves systematically refutes some of the claims that wolves would have no significant impact when their reintroduction was planned for Yellowstone National Park: The actual impact included devastating impact on hunting; the elk population and many other species are decimated. He also countered claim that wolves cull only the sick and old.
  • Carol W. LaGrasse“DEC Should Control Its Beavers” - By Carol W. LaGrasse, PRFA, May 31, 2009
    A beaver dam burst in Warren County, New York, releasing a barrage of water that washed out forty feet of the Upper Hudson Railroad tracks in Riparius. Taxpayers are upset at facing still another delay and expense related to the exorbitant railroad restoration project. But the Department of Conservation, which owns the beavers, should pay for the repair.
  • Don Corace“Fight the Good Fight for Private Property Rights” - By Don Corace, Real Estate Developer and Author, Naples, Florida; Presented at Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
    The assault on private property rights includes eminent domain abuse like that of Susette Kelo for private development, and regulatory takings where the property owner receives zero compensation. Ocie Mills of Florida was the first man to go to federal prison for a wetland violation, singled out by the Corps of Engineers because he spoke out. In Pompano Beach, Florida, two men who had all their permits to build a hotel were stopped with 31 years by their NIMBY neighbors who didnt want their ocean view obstructed. One brother, a millionaire, lost everything, and had a stroke. Join together, put on your gloves, and fight abuses of private property rights.
  • Marshall Sayegh“Confronting the California Coastal Commission’s Ultra-control of Local Communities” - By Marshall Sayegh, President, Property Rights Foundation of Mendocino County, Gualala, California, Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
    In 2006, 3,000 people lined the streets of the little town of Gualala, California, for the annual Fourth of July fireworks display. Every restaurant and lodging establishment was filled. However, when Gualala planned its 2007 fireworks display, the California Coastal Commission complained, but the display took place successfully, with 4,000 people enjoying it. But in 2008 the Commission issued a Cease and Desist order, preventing the display, claiming that it harmed nesting birds a mile away. Pacific Legal Foundation is now defending the Gualala fireworks.
  • William Perry Pendley“The New Wars for the West” - Keynote Address by William Perry Pendley, Esq., President and Chief Legal Officer, Mountain States Legal Foundation, Lakewood, Colorado; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
    Perry Pendley successfully defended John Shuller against the U.S. Fish and Wildlife Service when, in self-defense, he shot a grizzly bear. He won the case for Larry Squires, who wanted to allow disposal of oil field brine in dry sink holes on his property. Mountain States Legal Foundation is fighting for inholder access to their property blocked by the U.S. Forest Service. Pendley has argued successfully three times before the U.S. Supreme Court on the right of contract regardless of race or ethnicity, against what is called affirmative action.
  • Devlen Mackey“Farmers Fight Back in the New Jersey Highlands” - By Devlen Mackey, Owner, Mackey Orchards, Belvidere, New Jersey; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
    Farmers, local government, and developers are opposing the state regional zoning law, the New Jersey Highlands Regional Planning and Water Protection Act, which imposes 88-acre zoning and exploits endangered species rules in Hunterdon, Warren, and other northwestern New Jersey counties to stop the use of land. The law is said to be intended to protect the watershed for drinking water, but sewers to keep flow from Lake Hopatcong are prohibited by the Department of Environmental Protection.
  • Nate Dickinson“Warriors for Our Time” - Book review by
    Nathaniel R. Dickinson, Property Rights Foundation of America, March 2007
    Review of Warriors for the West by William Perry Pendley (Regnery Publishing, Inc. 2006)
    Perry Pendley, president and chief legal officer of Mountain States Legal Foundation, chronicles the heroic battles of westerners for freedom and land rights in the face of bureaucrats, environmental groups and judges who are destroying the rights to land, the viability of local communities, and freedom itself.
  • James K. Chilton, Jr.“Turning the Tables-Defamation Suit Defeats Environmental Group”- By James K. Chilton, Jr., Chilton Ranch & Cattle Co., Arivaca, Arizona, Tenth annual National Conference on Private Property Rights (PRFA, Albany, NY, October 14, 2006)
    James Chilton won a ruling in Ninth Circuit Court of Appeals that his ranch could not be regulated under NEPA because of potential habitat when the species under consideration was not present. Afterwards, Mr. Chilton successfully brought a defamation suit against the Center for Biological Diversity for their publication of photos to maliciously misrepresent conditions on his ranch.
  • Robert J. Smith“The Endangered Species Act—Can It Be Reformed?”-Robert J. Smith, President, Center for Private Conservation & Adjunct Environmental Scholar, Competitive Enterprise Institute, Tenth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 14, 2006)
    The Endangered Species Act was conceived to control people, not to save species. It has never worked for its supposed purpose to save species. The Endangered Species Act created incentive to destroy red-cockaded woodpecker habitat in Boiling Springs, North Carolina. The U.S. Fish and Wildlife Service was backed down by bad publicity after trying to force tree farmer Ben Coon of North Carolina to put his land under their extreme red-cockaded woodpecker restrictions. Congress is unlikely to reform the ESA soon.
  • “Fact, Fiction, and Opinion” - Book Review by Nathaniel R. Dickinson (PRFA, July 2006)
    The Essential Grizzly by Doug and Andrea Peacock (Lyons Press, 2006)
    Presumptions cripple this book on grizzlies. A blend of facts and fiction, politics and advocacy, this compendium of essays on grizzlies and the authors
    opinions on their importance to man wastes an opportunity to compile reams of knowledge into a credible work.
  • “Misconceptions Make this Book Beastly” - Book Review by Nathaniel R. Dickinson
    The Beast in the Garden, David Baron,
    W. W. Norton and Company, 2004
    Killings of human beings by cougars in areas near built-up suburbs have led Baron to advocate for action by public agencies and private groups to preserve more open space, rather than identify problems and needs. In addition to accounts of encounters with cougars, Barons writing includes a hodgepodge ranging from a study of deep-seated fear of cats to discourses on multiculturalism, feminism, environmentalism and Native Americanism. The strict preservationist stance displays a lack of appreciation of the natural world.
  • James Burling“Forward for Private Property Rights”-by James S. Burling, Senior Counsel, Pacific Legal Foundation, Speech to the Ninth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 22, 2005)
    Pacific Legal Foundation has won lawsuits such as the Suitum and Palazzolo cases by looking at what happens to real-life people hit by regulations. In the older Nollan and Dolan cases, the property owner won because of the nonsensical results of regulation. But an oil company was not a sympathetic litigant in Chevron v. Lingle, and the justices failed to grasp economic logic. The Endangered Species Act Reform Act has important provisions to help landowners.
  • Harriet M. Hageman“Litigating for Private Property Rights — A Western Perspective” - By Harriet M. Hageman, Attorney, Hageman and Brighton, P.C., Cheyenne, Wyoming; Speech to the Ninth Annual Conference on Private Property Rights (PRFA, Albany, N.Y. October 22, 2005)
    Threats to private property rights affect our families, our communities, our environment, our educational system and the future of our children. With the Prebles Jumping Mouse and the introduction of the Canadian gray wolf into Wyoming as examples, the Endangered Species Act is being manipulated, not for the purpose of benefiting endangered species, but to limit management and use of private property.
  • Mark Bragg“Endangered Species Act Victims” - By Mark Bragg, The Broadcast Group, Washington, D.C., Speech to the Ninth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 22, 2005)
    After surmounting years of obstruction by the Sierra Club and the U.S. Fish and Wildlife Service of his proposed golf resort in Palm Springs, California, Mr. Bragg founded Victims of the Endangered Species Act to publicize the stories of people who have been hurt by the law. 
  • “Whither the Endangered Species Act?” - By Carol W. LaGrasse (PRFA, June 2005)
    Industry lobbyists advocated a strategy of strengthening and modernizing the Endangered Species Act, while avoiding mention of the importance of private property rights. Industry tactics divided the property rights movement, while the grassroots leadership of the movement was kept out of the loop during the drafting of the Pombo bill. The 2005 Threatened and Endangered Species Recovery Act does not protect property rights and does not substitute voluntary protection of species for the failed regulatory approach.
  • Secret Endangered Species Reauthorization Bill in U.S. Congress - Letter to Rep. Richard Pombo, from Carol W. LaGrasse, PRFA,
    June 15, 2005
    In response to industry, sometime during the spring, House Resources Committee Chairman Richard Pombo drafted a bill to reauthorize the Endangered Species Act, incorporating reforms advocated by industrial interest groups, without allowing the property rights movement to have copies of the bill.
  • “An Honest, Objective Critique of the Endangered Act” - By Nathaniel R. Dickinson (PRFA, March 29, 2005)
    This analysis of some of the most important language of the Endangered Species Act of 1973, such as the discussion of critical habitat and the definition of endangered species, demonstrates that it needs a major overhaul. Well-educated, totally objective scientists should be called in to re-write the Act and guide its implementation.
  • “The Endangered Species Act—A National Policy of Modernization to Protect Private Property Rights”-By Carol W. LaGrasse (PRFA Background Brief, February 2005)
    Modernization of the 1973 Endangered Species Act to use sound science and protect private property rights should include a national habitat protection plan, DNA criteria for species listings, a property rights ombudsman, regulatory takings compensation modeled after Oregon Measure 37, voluntary reserves, private competition, federal supersession, and judicial reform.
  • “A National Policy to Protect Private Property Rights”
    -By Carol W. LaGrasse (PRFA, November 16, 2004)
    The Endangered Species Act should not be re-authorized unless full protection for private property rights id provided. Presentation points to the National Endangered Species Act Reform Coalition (NESARC) meeting, American Farm Bureau Federation Headquarters, Washington, D.C.
  • “Yes, Our President Has a Clear Mandate and the Will of the People Must Be Heeded” - By Nate Dickinson (PRFA, November 10, 2004)
    The election of 2004 gives President George W. Bush the opportunity to correct the Administrations neglect of so-called environmental matters. Issues such as endangered species, wise use of the National Forests, and oil drilling need to be tackled with intelligence. The influence of radical environmental groups must be challenged and diminished.
  • Scott Jones“A Voice for Forest Landowners in Washington—Protecting Productive Private Property” - By Scott Jones, Executive Vice President, Forest Landowners Association, Atlanta, Ga.; Speech to the Eighth Annual Conference on Private Property Rights (PRFA, Albany, N.Y. October 23, 2004)
    By partnering with organizations like the Forest Landowners Association, we can educate Congress about private property rights. Working together, we stopped regulations like TDML, which would have hurt forest management. We can eliminate the death tax and make incremental changes to the Endangered Species Act.
  • Michael Shaw “Abundance Ecology—The Liberty Garden” - By Michael Shaw, Freedom 21 Radio Talk Show host, Proprietor of Liberty Garden, Aptos, California; Speech to the Eighth Annual Conference on Private Property Rights (PRFA, Albany, N.Y. October 23, 2004)
    By using intensive management, native plants whose seed bank was long dormant returned in great variety to Liberty Garden in Santa Cruz County on coastal California. Abundance ecology, based on private property rights, is the opposite of shortage ecology, based on the Endangered Species Act.
  • “The President Exhibits Character on Earth Day” - By Nathaniel R. Dickinson (PRFA, April 23, 2004)
    Earth Day has its roots in the scare-mongering of pseudo-science. The environmental movement is spearheaded by numerous well-heeled, ultra-liberal groups whose concern for the natural world is somewhere out in the wings.
  • Jim Starr“The Corps of Engineers’ Columbia River Estuary Fiasco” — By Jim Starr, Contributing Writer (PRFA, March 2003)
    Dredging, tern, and salmon smolt pose conflict. The Corps of Engineers dredging has created islands from which tern prey on juvenile salmon, but the Corps doomed approach to reducing predation is heavy-handed and based on fallacy.
  • “Turning the Tables — ‘Good Guys’ Using Environmental Law” - By Kathleen Benedetto, National Wilderness Institute, Washington, D.C., Speech at the Sixth Annual New York Conference on Private Property Rights (PRFA, November 16, 2002)
    Federal agencies fail to abide by environmental law that everybody else has to adhere to. NWIs Endangered Species Act lawsuit complains that the EPA and other federal agencies are failing to protect the bald eagle and the short-nosed sturgeon during construction of the Woodrow Wilson Bridge over the Potomac. Their Clean Water Act lawsuit charges that the U.S. Army Corps of Engineers allows the Washington Acqueduct to discharge 200,000 tons sludge annually into the Potomac.
  • Michael Hardiman“Protecting Private Property-Prospects in the 108th Congress” - By Michael Hardiman, Hardiman Consulting, Washington, D.C., Speech at the Sixth Annual New York Conference on Private Property Rights (PRFA, November 16, 2002)
    Mr. Hardiman sees a strong chance for improvements to the Endangered Species Act, to require sound science to list new species, and an excellent chance that the estate tax, whose biggest supporter is the land trusts, will be permanently repealed.
  • “Beware of Those Noxious Wildlife Corridors” — By Nate Dickinson, Wildlife Biologist (PRFA, Aug. 16, 2002)
    Americans should wake up to the threat to traditional American values posed by the pseudo-science of the Wildlands Project, which is being used to advocate federal ownership of land between core areas such as the Okefenokee and Osceola National Forests in Florida.
  • Don Fife’s Page
    An environmental geologist, Don Fife has served four secretaries of the interior as an appointee/advisor for the 25-million-acre California Desert Conservation Area. His incisive topics range from Greens Force Strategic Mine Out of Business—Communist China now controls supply of rare minerals to Locoweed Closes 48,000 Acres of Alogones Dunes Off-Highway Vehicle Park.
    (Updated February 11, 2002)
  • “Federal Landownership and Control”-by Robert J. Smith, Center for Private Conservation, Competitive Enterprise Institute-Reprinted from Proceedings of the Fourth Annual NY Conference on Private Property Rights (PRFA 1999)

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