"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 Chilton's 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:
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
Pacific Legal Foundation
Use Environmental Lawsuits to Extort Labor AgreementsPower
Plants in California Delayed"
Defending Illusions - Federal Protection
By Allan K. Fitzsimmons
3192 Rivanna Court
Woodbridge, VA 22192
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.
Central Idaho Wolf Coalition
The coalition was formed in February 2000 with the goal of ending
the "non-essential and experimental" Canadian gray
Chilton Ranch, Arivaca, Arizona
The Chilton website focuses on their successsful lawsuit against
the Center for Biodiversity.
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.
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
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.
- "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 Kay's 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
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.
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.
- "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 didn't 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.
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
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.
- "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
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."
- "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.
for Our Time" - Book review by
Nathaniel R. Dickinson, Property Rights Foundation of America,
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.
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.
- "The Endangered
Species ActCan 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
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
Fiction, and Opinion" - Book Review by Nathaniel R.
Dickinson (PRFA, July 2006)
The Essential Grizzly by Doug and Andrea Peacock (Lyons
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.
Make this Book Beastly" - Book Review by Nathaniel R.
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, Baron's 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
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.
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 Preble's 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.
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.
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.
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.
Endangered Species ActA 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,
- "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 Administration's 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
Voice for Forest Landowners in WashingtonProtecting 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
EcologyThe 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,
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.
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.
- "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.
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. NWI's 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.
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.
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 BusinessCommunist
China now controls supply of rare minerals" to "Locoweed
Closes 48,000 Acres of Alogones Dunes Off-Highway Vehicle Park."
(Updated February 11, 2002)
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)
Someone Should Spend More Time Consulting the Grizzly"
- By Nate Dickinson, Wildlife Biologist, Altamont, N.Y. 1994
Grizzlies are much more tolerant of human interaction than
environmentalists allege. Furthermore, they range across a great
reserve of parks in western Canada, where they are fully protected.