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“Drill now for energy in America” Our abundant oil and gas would keep money, jobs, and opportunities here in the United States. By Roy Innis, Chairman of the Congress of Racial Equality, June 12, 2008 (Posted by permission)

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In-Depth Information

“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.”

“Update from Congress” - By Jason Knox, Esq., Member of Legislative Staff, Natural Resources Committee, Subcommittee on Forests and Public Lands, U.S. House of Representatives, Washington, D.C.; Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Part of the legislation that Nancy Pelosi would like to ram through Congress is H.R. 6 to take, Chavez-like, the contracts of oil companies awarded to drill on the outer continental shelf during the Clinton Administration. A National Heritage Area omnibus bill (H.R. 1483) would accomplish the Journey through Hallowed Ground and Niagara Falls National Heritage Areas, among others. The Niagara Falls area would involve the National Park Service in casinos. H.R. 2016 would do away with multiple use in BLM lands, making billions of acres into defacto wilderness.

“Invest for Freedom-To Stop the Use of Capitalism Against Capitalism” - By Thomas J. Borelli, Ph. D., Managing Partner and Portfolio Manager, Free Enterprise Action Fund, Eleventh Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 13, 2007)
Environmental organizations are harnessing major corporations like Pepsico, Caterpillar, General Electric and JP Morgan Chase against their own corporate interests and capitalism itself to promote universal government government-funded health care and an economy centered on global warming-based regulation. Acting as a shareholder activist, the Free Enterprise Action Fund successfully sought a stockholder proxy at JP Morgan Chase against their support for global warming regulation.

BATH PETROLEUM STORAGE, INC.

“Amicus Curiae Memorandum of the New York State Propane Gas Association in Support of Motion for Leave to Appeal” - Bath Petroleum Storage, Inc., et al., v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01—02144, Nov. 2002)
The decline of propane storage capacity and the existence of only one propane pipeline in New York State, the effect on meeting consumer demands, the limitation of judicial deference to administrative agency determination (court precedent has not extended judicial deference to unlawful actions of administrative agencies), the need to overturn the appellate division’s ruling because it would allow the agency to stonewall an applicant for a renewal permit with overly burdensome and irrelevant informational requests. DEC seeks to impose regulations that were proposed but not enacted.

“Notice for Leave to Appeal with Memorandum in Support” Bath Petroleum Storage, et al., v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01-02144, Nov. 4, 2002)
Bath Petroleum Storage, Inc. and E.I.L. Petroleum, Inc. (BPSI) applied for a renewal of its State Pollutant Discharge Elimination System Permit that had been in effect for 24 years. DEC issued a number of notices of incomplete application that sought additional information. In many cases, however, the information sought was not new; rather DEC demanded that BPSI change its answers to particular questions contained in the application. Despite numerous supplemental submissions, DEC denied the application on the basis that it was incomplete. On appeal, the administrative law judge determined that BPSI was not entitled to a hearing, which was confirmed by the DEC deputy commissioner. However, Livingston County Supreme Court Judge Raymond E. Cornelius ruled that DEC’s reliance on its completeness determination to deny the permit application and thereby block BPSI from ever challenging DEC’s actions by obtaining a hearing was arbitrary and capricious. The Appellate Division Fourth Department reversed Judge Cornelius in a two-paragraph summary opinion stating that its inquiry was limited to determining whether DEC had articulated a rational basis for its decision.

“Practical Experience with the U.S. EPA — Arbitrary Regulation of Small Oil Producers” - By Steven Kennemuth, Olean, New York (Sixth Annual New York Conference on Private Property Rights, PRFA, November 16, 2002)

BATH PETROLEUM STORAGE, INC.

Bath Petroleum Storage, et al. v. NYS DEC, et al., Memorandum and Order — NY State Supreme Court, Appellate Division, Fourth Department, October 1, 2002
Without seeming to comprehend DEC’s abuse of administrative power that was recognized in Judge Cornelius’s Supreme Court decision, the Appellate Court’s short, dismissive memorandum recites the principle that judicial review of an administrative action may not substitute the court’s judgement for an agency determination.

“DEC’s Over-regulation of Small Oil Producers” - By Carol W. LaGrasse (Reprinted from The Property Owner’s Experience, April 1998)
Over the past fifteen years, thousands of oil wells in the Bradford Field in southwestern New York have gone out of production. Although the wells have the capacity to produce oil for many years, the operators are squeezed by low prices and increased costs of environmental regulation.

In-Depth Information