Kansas Introduces Firearms Freedom Act

Rep. Merrick has introduced HB 2620, the Kansas Firearms Freedom Act.

This brings to 22 the number of states with introduced FFA bills, in addition to the two states with bills enacted (Montana and Tennessee). Two more states and it will be a majority of states onboard this effort to challenge the authority of D.C. Idaho, West Virginia, New Mexico, Arkansas, Louisiana, Georgia and North Carolina are reputed to be working on FFA bills. See:
http://www.FirearmsFreedomAct.com
(to be updated with Kansas ASAP)

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

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Sportsman’s Alliance Of Maine’s Public Statement About Procurement Of Sportsman’s Email Addresses

Below is a copy of a statement made available to the public by George Smith, Executive Director for the Sportsman’s Alliance of Maine. This article is in response to the concerns of sportsmen whose email addresses were obtained by SAM through Maine’s Freedom of Access Act law. Following this letter, please find my response.

~~~~~

Email Address Purchase Explanation

By George Smith

January 28, 2010

I am disappointed, discouraged, and yes, a bit angry at the way the Department of Inland Fisheries and Wildlife has handled SAM’s purchase of the department’s list of email addresses. Here’s the whole unvarnished story.

Maine’s Freedom of Access Act (FOAA) was enacted to bring transparency to our government. I believe secrets have no place in state government and everything state employees know, we should know.

Nearly all information gathered by or created by state agencies is available to the public, from research reports to draft policies to databases. The State of Maine FOAA website (www.maine.gov/foaa/) explains this law and the process required to request information. FOAA requests are received regularly at DIF&W and other agencies and are routinely processed.

SAM was a charter member of Maine’s Freedom of Information Coalition, and I served on the Coalition’s board of directors for several years. SAM remains an active member of the Coalition.

The Coalition has been working, inside and outside the legislature, on FOAA issues including questions about what if any information deserves protection in this new technological age. I do not believe email addresses will ever be protected, any more than mailing addresses have been, but we’ll see.

Every state agency is required to abide by the FOAA. DIF&W has provided information on its licensees for decades to all who asked, including political parties and candidates, businesses, and nonprofits. Included in the information DIF&W provides are your name, address, and licenses purchased.
When you get those “Dear Sportsmen” letters from political candidates, where do you think they got your name and address? DIF&W, of course.

The department is allowed to charge a fee equal to the cost of providing the requested information. Sometimes they do, sometimes they don’t. In my experience, if they are happy to provide the information and it suits their purposes, there is no charge. If they are unhappy about your request, you will pay. SAM paid $1500 for the list of email addresses.

It is important to remember that the law already protects information we all consider private such as our Social Security and credit card numbers. Please understand that such protected private information was NEVER the subject of SAM’s FOAA request for email addresses.

No lawsuit or other legal action was taken to procure the list. The Attorney General’s staff merely advised DIF&W that the list was subject to FOAA. Your email address possessed by DIF&W has always been available to the public. SAM’s purchase changed nothing in that regard and set no new precedent.

The Process

For many years I have been purchasing DIF&W’s entire list of licensees including names and mailing addresses. The list served as a principle means of prospecting for new SAM members and allowed us to send our messages to the entire constituency of sportsmen. But as the costs of mailings increased, we were forced to reduce those mailings.

As I began to receive DIF&W’s emailed messages myself, it occurred to me that their email addresses would give SAM a new and inexpensive way to communicate with sportsmen. My initial plan was to email our new SAM E-News. We are already using the email addresses of SAM members for this purpose and decided to extend this effort to all sportsmen who could be reached by email.

The first time we email a message to DIF&W’s list, we intend to give recipients the opportunity to opt out of future messages from SAM.

There are many sources of email addresses (and that’s one reason we get so much unsolicited email including SPAM). I chose DIF&W because its list is a perfect constituency of those SAM wants to reach.

A private company, InforMe, is the state’s database vendor. DIF&W’s email list is managed by InforMe and the department’s emailed messages are sent by another private company, Constant Contact. So I asked InforMe to sell DIF&W’s list of email addresses to SAM. My first request was sent in March of 2009.

InforMe refused my request. So I turned to DIF&W for help. After another refusal, I asked the Attorney General’s staff for help.

After receiving the Attorney General’s guidance, DIF&W sold SAM the list of email addresses.

FOAA requests

I have had to utilize the FOAA many times. It always surprises me when a state agency refuses my request for information, because they receive training in FOAA. I have been refused a document that a DIF&W leader was reading from, draft policies, and more. I have taken to submitting most of my requests to DIF&W for information using FOAA, because it simply is quicker than waiting to find out if they are willing to give me the information without a FOAA request.

Here’s a good example of the problems we have encountered. Last fall, after SAM’s Fishing Initiative Committee spent more than a decade encouraging DIF&W to adopt a comprehensive policy for the management of salmonids, John Boland, DIF&W’s Fisheries Director and a person I respect and work closely with, informed me that he had put a new salmonid policy on the Commissioner’s desk.

I emailed Commissioner Dan Martin, asking for a copy of the policy. He refused, saying he would not provide the policy until he had read and approved it. He had no right to withhold that policy and I asked the Attorney General to intervene on my behalf. I received the policy the next day.

Senator David Trahan and I used FOAA recently to obtain information about logging in deeryards that were supposed to be protected. We currently are awaiting information in response to a FOAA by Senator Trahan concerning the saltwater fishing license, information we hope will help us defeat the license proposal.

DIF&W’s emailed message

The message DIF&W emailed to its customers about SAM’s purchase of email addresses was unfortunate and incomplete. By taking their message to the media and 100,000 customers, the department assured that many more requests for the list would be received. They didn’t need to do this.

Never before have they chosen to inform licensees when their names and addresses and other information was sold.

SAM has asked the department to send another message, fully explaining this matter, including an accounting of those who have purchased information about licensees in the past, and making sure you understand that the information you provide when purchasing a license is available to the public. Legislators have also suggested that DIF&W post a similar notice on its website. That would be a good idea for all state agencies.

SAM’s Position

While SAM did nothing wrong in obtaining information that is available to anyone, we regret the discomfort this has caused those we serve. We hope you find our action understandable, and if you happen to receive emailed information from SAM, you will find it useful and important.

~~~~~

My Response:

I would like to say that I have never thought that the emails were obtained illegally. As a matter of fact, in the one article I wrote about SAM procuring the emails, I addressed the issue as one of extremely bad public relations.

We live in an electronic age. With the rapid growth of the Internet, lack of knowledge can set businesses and organizations back in their progress as was the case for SAM. On the same token, knowledge can advance their cause. They now need to mend some fences and get with the times. The days of “stealing” email addresses to send unsolicited information is not only outdated but is extremely bad business. SAM needs to become cutting edge in this regard.

Smith’s article is forthcoming and appears to be accurate from the information I have been privy to. There is somewhat a need to explain SAM’s legal approach in obtaining the emails because I have listened to some sportsmen wrongly accuse both the Maine Department of Inland Fisheries and Wildlife and SAM for illegally giving or getting these emails.

Setting the legalities aside, there are two issues Smith talks of that I would like to address. First is his explanation about how SAM has used FOAA requests in the past to get information. The examples Smith gives are good examples of what the FOAA was intended to do. It is about transparency in government, not the legal ability to buy a list of emails for the purpose of sending and/or soliciting information to unwanted recipients, legal or not. It is understandable that from a “legal” perspective, emails and even personal mailing addresses would be included in FOAA because the politicians who made the law want access to that information for their own selfish desires.

The example Smith uses to explain some of SAM’s past uses of FOAA is a far cry from using FOAA to obtain email addresses.

Whether it’s legal or not misses the bus. It’s simply bad public relations and poor business. Is it really worth angering a few dozen people in hopes of getting one to read your propaganda? Which brings us to my second issue. Just because it is legal to go out and obtain emails doesn’t necessarily mean it’s the best method of accomplishing a goal. Smith hints that if MDIFW hadn’t sent out an email warning those email holders what had happened, that sportsmen would not have known and no harm, no foul. I think this is a bit of a case of burying your head in the sand.

People don’t like SPAM and they don’t like junk mail that clutters their mailboxes and fills up our landfills. It’s unwanted, it’s rude and a poor business practice. To believe that by forcing information into someone’s email box with an explanation that an opt out function will be included in the first email, is about as good as receiving an unsolicited item in the mail that says if you don’t send it back you’ll have to pay for it.

As I explained before, SAM now has fences to mend and I offered steps I think they should take. They have explained their side of the story but I don’t believe that’s good enough. This is not an apology. It’s an attempt to release SAM from any legal wrongdoing and in the last sentence Smith exclaims, “we regret the discomfort this has caused those we serve”. It seems he is sorry SAM has angered a lot of people but all indications this isn’t going to stop them from their appointed task. He then goes on to ask readers to have an understanding and he hopes they enjoy the information they will be receiving through email.

“You’ve got mail!”

Tom Remington

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Handgun Sales Boom at Elk Foundation Fundraisers

MISSOULA, Mont. – Ask an elk hunter about their favorite caliber and you’ll hear nary a peep about the .45 ACP. Venerable handgun round, certainly. Big game round, hardly.
That’s why Rocky Mountain Elk Foundation officials are pleasantly surprised that a Kimber 1911 in .45 ACP emerged as the top-performing firearm at 2009 fundraisers for elk habitat conservation.

The gun, blued with an RMEF logo laser-etched into rosewood grips, was the first-ever 1911 in the organization’s core lineup of firearms for auctions and raffles nationwide.

“Hunting rifles and shotguns are always the centerpiece of our fundraising efforts, but last year we sold 325 of these pistols and generated well over $600,000 gross for elk and other wildlife,” said Steve Decker, vice president of marketing for the Elk Foundation. “At several events this gun sold for more than $5,000, which we certainly never expected.”

Also in 2009, RMEF passed the 5.7 million-acre mark in habitat protected or enhanced for elk and other wildlife, and the 600,000-acre mark in hunting lands opened or secured for the public.

Decker says he’s uncertain whether the Elk Foundation’s 2009 handgun sales were related to the nationwide boom in handgun sales last year, or if the big game hunters who support the organization were simply enthusiastic about the new offering. Either way, the inaugural 1911 was so successful, RMEF will offer a Kimber .45 ACP companion model in stainless steel, with matching logo engraving, in 2010.

All firearm recipients must pass standard background checks.

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S. Dakota, Colorado File “Firearms Freedom Act” Bills

The movement continues nationwide as state after state gets on the bandwagon seeking 10th Amendment separation of state and federal government. Seemingly fed up with the strong arms and broadening Federal Government controls, states are hoping a law, the same or similar to Montana’s Firearms Freedom Act, will set the ball rolling to regain some of the states’ sovereignty.

For those not familiar, the nation’s first Firearms Freedom Act, appeared in Montana, sponsored by the Montana Shooting Sports Association. The Act essentially declares that any guns or gun parts manufactured in Montana and remain in Montana, cannot be regulated by the Federal Government. Montana passed that Act and it was signed by Gov. Schweitzer. The state is seeking declaratory judgment from the courts.

South Dakota and Colorado are the two latest states to file bills that are clones or near replicas of Montana’s bill. State Senator Larry Rhoden has introduced the South Dakota Firearms Freedom Act as SB 89. In Colorado, Senator Dave Schultheis has just introduced the Colorado Firearms Freedom Act as SB 10-092.

This now makes Firearms Freedom Acts passed in Montana and Tennessee, and introduced in these 21 states: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wyoming.

It’s likely that FFAs will be introduced soon in West Virginia, New Mexico, Idaho, Kansas, Arkansas, Louisiana, North Carolina and possibly elsewhere.

Tom Remington

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Feds Respond to Firearms Freedom Act Lawsuit

Motion to Dismiss “Expected”

MISSOULA – The United States has made its first response to a lawsuit filed in federal district court in Missoula to test the Montana Firearms Freedom Act (MFFA), passed by the 2009 Legislature and signed into law by Governor Schweitzer.

The MFFA declares that any firearms, ammunition or firearms accessories made and retained in Montana are not subject to federal regulation under the power given to Congress in the U.S. Constitution to regulate commerce “among the several states.” The MFFA is a states’ rights challenge on Tenth Amendment grounds, with firearms serving as the vehicle for the challenge.

This lawsuit to validate the MFFA was brought by the Montana Shooting Sports Association (MSSA) and Second Amendment Foundation (SAF). The suit names U.S. Attorney General Eric Holder as defendant, and is referred to as MSSA v. Holder.

The first response to the lawsuit by the United States is a Motion to Dismiss, submitted January 19th and considered to be a standard procedural maneuver in lawsuits against the U.S government . This motion seeks to avoid the legal merits by asserting that the Plaintiffs lack standing to sue, that a justiciable controversy does not exist, and that prevailing case law is against Plaintiffs.

MSSA President Gary Marbut, also a Plaintiff in the lawsuit explained, “The first import of this response is that the legal game is now on. There was some concern that the defendants would forfeit the game with no response in an effort to prevent this important issue from being adjudicated properly. We are now beyond that hurdle.” However, the Motion to Dismiss by Washington also seeks to sidestep proper adjudication.

SAF Chairman Alan Gottlieb said, “We are disappointed but not surprised that the government would try to kill this suit on standing, rather than arguing about the merits of the case.”

The MFFA concept has gained traction across the Nation since its passage in Montana. Tennessee has enacted a clone of the MFFA, and other clones have been introduced in the state legislatures of 19 other states, including: Alabama, Alaska, Arizona Florida, Georgia, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming. . Ten or more additional states are expected to introduce yet more MFFA clones in the next few weeks. (See: http://www.FirearmsFreedomAct.com)

The U.S.’s Motion to Dismiss and Brief in Support are viewable at: http://FirearmsFreedomAct.com/montana-lawsuit-updates/

MSSA and SAF have assembled a litigation team for this effort consisting of three attorneys from Montana, one from New York, one from Florida and one from Arizona. Lead attorney for the Plaintiffs is Quentin Rhoades, partner the Missoula firm of Sullivan, Tabaracci and Rhoades. Other interested parties from both in and out of Montana are preparing to weigh in on this issue of national interest and national importance as amicus curiae (friends of the court).

Marbut commented, “The FFA concept has created a firestorm of interest nationwide. Lots of people and other states are watching carefully to see how Montana fares in this challenge to overbearing federal authority and to Washington’s attempt to control every detail of commerce in the Nation, especially including activity wholly confined within an individual state. That level of micro management certainly was not the intent of our founders when they gave Congress limited power in the Constitution to regulate commerce ‘among the states’.” (See: http://FirearmsFreedomAct.com/what-is-the-commerce-clause/)

MSSA is the primary political advocate for gun owners and hunters in Montana, having gotten 54 pro-gun and pro-hunting bills through the Montana Legislature in the past 25 years. SAF is a pro-gun foundation in Bellevue, Washington, established to press the rights of gun owners primarily in judicial fora. SAF has been a party to numerous lawsuits to assert the rights of gun owners across the Nation.

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Winchester Wins 2010 Cabela Lifetime Business Achievement Award

(Las Vegas) – Winchester Ammunition, one of the world’s most widely recognized and respected names in the shooting industry, has been chosen as the recipient of the 2010 Cabela Lifetime Business Achievement Award. The presentation was made today during a Shooting, Hunting and Outdoor Trade Show (SHOT) reception at the Treasure Island Hotel in Las Vegas.

The award was received by Dick Hammett, President of Winchester Ammunition and was presented by Ed Small, president of Big Rock Sports, Tommy Millner, president of Cabela’s Inc., and Bud Pidgeon, U.S. Sportsmen’s Alliance (USSA) president.

“It is one thing to be recognized for high quality products,” said Hammett. “But it is truly an honor to be recognized for our work in protecting conservation. We look forward to continuing this legacy with company’s such as Cabela’s and groups such as the USSA.”

The U.S. Sportsmen’s Alliance and its Outdoor Business Council created the award in 2006 to honor the Cabela family’s dedication to protecting outdoor sports, including hunting, fishing, and trapping. It is presented to companies that demonstrate the same passion and commitment to protecting America’s outdoor heritage as the Cabelas.

“This is our way of honoring the Cabela family and other leaders such as Winchester in the outdoor business community for their efforts to defend our rights,” said Pidgeon.

Winchester, founded in 1866, is one of the nation’s largest and oldest producers of ammunition. For more than 140 years, the name “Winchester” has come to mean many things to many people. To most folks it’s meant ammunition and the Gun that Won the West. For many others, however, it also rekindles images of fine hand tools and cutlery, fishing tackle and flashlights.

For years Winchester Ammunition has proven a dedicated supporter of conservation. Its support of USSA’s Outdoor Business Council, a coalition of businesses dedicated to protecting outdoor traditions, has made a large impact on hunting and shooting programs from coast to coast. Winchester has also been a key supporter of the Trailblazer Adventure Program, which has introduced over 900,000 youth and their families to outdoor pursuits such as hunting, fishing, trapping and shooting, since its inception in 2001.

Click here to watch a video describing the Cabela Lifetime Business Achievement Award and the history of Winchester Ammunition.

Cabela’s, known as the World’s Foremost Outfitter, has grown and prospered from simple beginnings to become the world’s largest direct marketer, and a leading specialty retailer, of hunting, fishing, camping and related outdoor merchandise.

For more information about Winchester Ammunition, visit www.winchester.com.

The U.S. Sportsmen’s Alliance is a national association of sportsmen and sportsmen’s organizations that protects the rights of hunters, anglers and trappers in the courts, legislatures, at the ballot, in Congress and through public education programs. For more information about the U.S. Sportsmen’s Alliance and its work, call (614) 888-4868 or visit its website, www.ussportsmen.org.

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Buy Global Warming Insurance – Open Air w/Tom Remington

*Editor’s Note:* Within minutes of recording this show, the construction crews moved in outside my office hammering and drilling. I apologize if there are distracting noises.

The Heritage Foundation is warning people, particularly corporations to not buy global warming insurance. Even as a member I have to disagree. I think everyone should buy it and I’ll tell you how we can use the money and time of the insurance companies to do away with the nonsense of man-made climate change fear mongering.

Heritage Foundation link to Global Warming Insurance article.

Schnitt Show link to the list of global warming stories.

Tom Remington

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2 Million Jobs Saved Or Created

Even though the press has decided to drop the use of “saved or created” jobs, it seems not everyone is following their lead. But that isn’t the point at all. I believe the idea of actually trying to convince people that the Obama administration, through “Porkulus”, the $747 billion stimulus package, saved or created anything is only a distraction, perhaps more of a cover up.

If we return to the days of a panic stricken President (all an act), when he went before the people telling us that everything must happen yesterday, anyone paying attention remembers the President saying that if we rush this stimulus bill through, the unemployment rate would be held in check and not drop below 8%. Well, the “official” unemployment rate is at 10% and the real one is closer to 20%.

If you’re smart you’ll see that the Obama administration had no idea in the world what it was doing when it demanded the American people go along with Porkulus. If we use Obama’s “saved or created” voodoo math and had we NOT approved Porkulus, his “saved or created” jobs now numbering 2 million, would not have happened. Had he a clue as to what he was doing and we add that 2 million jobs not created to the present unemployment rate, we sink further into a jobless economy making a promised 8% look pretty darn good.

Ok, everyone! Close your eyes and click your heels together three times and…………………….You’ve got to wish real hard for hopenchange!

Tom Remington

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Kimber, Elk Foundation to Launch New Rifle in 2010

MISSOULA, Mont. – Kimber and the Rocky Mountain Elk Foundation are teaming up to launch the new Kimber Model 84L, a rifle that one respected gun writer has already described as “as good as a lightweight rifle can get.”

Christened the “Elk Country Classic,” the first 475 Model 84L rifles are chambered in .30-06 Spfd. and will be available only at RMEF fundraisers beginning early in 2010.

This sleek bolt action sporter weighs just 6 pounds, 2 ounces, and balances like a fine shotgun. Kimber upgraded the stock with specially selected AA-grade French walnut streaked with bold, rich grain. Each stock has hand-cut 20 lines-per-inch checkering, a hand-rubbed oil finish and is tipped in ebony. Special markings include an engraved floorplate with gold accents, engraved bolt handle and serial number that reflects the edition sequence. The rifle is elegant from every angle, but not flashy or overdone.

“Our banquet-goers get first dibs on these rifles, with proceeds conserving habitat for elk and other wildlife,” said Steve Decker, director of field programs for RMEF. “Kimber has never launched a new product through a conservation group before, and we’ve never launched a new rifle, so this is one of the coolest things we’ve ever done at our events.”

A project coordinator at Kimber shared the enthusiasm, saying, “Many of us are dedicated elk hunters and RMEF members. Knowing these rifles will be used to further the RMEF mission means a great deal to all of us. I cannot imagine a stronger partnership.”

To find an RMEF fundraiser the only place you can get a new Kimber Model 84L Elk Country Classic near you, go to www.rmef.org and click Attend an Event.

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Browning Adds Products to Support the Elk Foundation

MISSOULA, Mont.?With its popular X-Bolt rifles and a partnership with the Rocky Mountain Elk Foundation, outdoor icon Browning has raised tens of thousands of dollars for conservation in elk country. For 2010, the company is adding clothing items, knives and hunting gear to the mix.

The RMEF logoed merchandise will be available at retailers nationwide. Each sale will generate funds for habitat enhancement and protection, opening public access and more.

?We love what RMEF is doing,? said Travis Hall, chief operating officer for Browning. ?Browning is very proud to work with the Rocky Mountain Elk Foundation for the long-term success of America?s great hunting and shooting heritage. Providing Browning merchandise logoed with the RMEF brand will provide critical dollars for conservation.?

Steve Decker, director of field programs for the Elk Foundation, said, ?I can?t say enough good things about Browning and its conservation leadership. Not only does this program create awareness of our brand, it helps support our mission to ensure the future of elk, other wildlife and their habitat.?

In 2009, RMEF reached the 5.7 million-acre mark in habitat conserved.

Browning products designated to support this mission in 2010 include an X-Bolt rifle, Hells Canyon jacket, vest and pant in three different color patterns, Highlands Wool II parka, bibs, shirt and pant, caps in four different color patterns, padded Handler and neoprene rifle slings, Wild Boar flex rifle case, three different burl wood Packer knives, a Backtrack folder knife, and a Hi Power flashlight.

For more information, visit www.browning.com or look for RMEF licensed merchandise wherever outdoor products are sold.

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Field & Stream’s Petzal Bags Kansas Buck Didn’t See Any Deer In Maine

While congratulations are in order for Dave Petzal in bagging a beauty of a buck in the cold and snow in Kansas, unfortunately he does nothing to help Maine’s cause for those hoping to make a few bucks (sorry) from drawing outsiders to the state for trophy whitetail.

Please don’t take me wrong, Petzal did nothing wrong and what he said in his “rantings and ravings“, is nothing more than what anybody else would have said – the truth and the truth is really going to hurt Maine’s whitetail hunting in the near and distant future.

Petzal began his article with, “And so, having hunted in Maine for a week without seeing a deer, I went to western Kansas where I could see 20 deer at a time, or 60 in a morning.” Unfortunately for Maine, this is the kind of negative advertising that is going to hurt for a long time.

For those not aware, Maine has suffered through two recent back-to-back severe winters, mostly above average years of snow. A combination of weather, diminishing habitat, overgrown predator populations and a deer management policy many are now questioning, the deer hunting in portions of Maine is abysmal.

Northern Maine, often just called “The Big Woods”, while never boasting great numbers of trophy whitetail bucks, has had a reputation of producing large-bodied, big-antlered beasts that avid hunters drooled at the prospects of bagging, willing to drop a few dollars on for the chance. The Big Woods is now the big empty woods.

In a previous article today, I shared a report that with over 5,500 hunters entering the Northern Maine Woods, only 90 deer were tagged. That’s worse than bad.

And as the word spreads and highly visible writers like Dave Petzal talk and write about their experiences, it’s not going to get very pretty for Maine hunting. Hunters, as we all know, are great for local economies come hunting season but they aren’t stupid either. They refuse to spend their money if there is no game to go hunt.

It will take years to repair the damage that has been done, both in whitetail deer management and to Maine’s shaky economy. This may destroy some of the guides and outfitters, as well as put “mom and pop” businesses under.

Congratulations Dave! Nice buck!

Note: I want to thank reader “Richard” for keeping me supplied with these news items.

Tom Remington

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Cutting Of Water Isn’t Helping The Delta Smelt

I received this update from the Pacific Legal Foundation on the current status of the efforts by the Federal Government to save the delta smelt at the expense of jobs and food for humans.

~~~~~~

Scientific surveys taken this summer show that the Delta smelt remains close to extinction, according to the Sacramento Bee “There are very few Delta smelt out there,” Randall Baxter, a senior fisheries biologist at the state Department of Fish and Game, told The Bee.

In other words, the federal policy of imposing drought on farms, businesses and communities, by turning off pumping into the state’s main water system, isn’t having its promised effect: The pumping cutoffs aren’t resuscitating the Delta smelt population.

As a matter of principle, the feds shouldn’t be putting fish before people in environmental policy. But when they insist on doing so, and the only effect is pain for people—without gain for fish—their schemes are worse than wrongheaded, they’re illegally absurd.

We use the word, “illegally,” advisedly. PLF’s lawsuit against the Delta smelt water cutoffs argues, in part, that federal regulators failed in their statutory duty to show that their water cutbacks would actually help the fish.

They didn’t make the case, because it can’t be made in a scientifically credible way. There is no scientific consensus that stopping the pumps will keep the smelt from going down the drain.

As PLF’s Dave Stirling wrote in a June 14 op-ed in The Sacramento Bee: “[T]he frail Delta smelt species has been in decline for more than 35 years and will likely become extinct from several causes no matter how much effort or funds are expended to preserve it. One factor alone, 260 invasive, or nonnative, species – some that prey directly on the Delta smelt and others that voraciously consume its food source – have proliferated in the Delta for several decades, and cannot be eliminated without killing other protected species and causing other environmental harms.”

The one thing about the water restrictions that’s beyond debate: They have killed tens of thousands of jobs, fallowed hundreds of thousands of farm acres, and raised water costs for tens of millions of residents in Central and Southern California.

PLF attorneys will fight all the way up the judicial system to stop the feds from starving our people and our economy of water.

Sincerely,
Rob’s Signature Image
Robin L. Rivett, President
Pacific Legal Foundation

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Navajos, Hopi Nations: Environmental Groups No Longer Welcome on Lands

It warms my heart in some ways when I see environmental groups getting their just desserts, as they say. “Vengeance is mine sayeth the Lord” but still, you have to admit, it’s still a bit sweet. The Navajo and Hopi Tribes are standing together in declaring that environmental groups are no longer welcome on tribal land.

Navajo Nation President Joe Shirley, Jr., said Wednesday that he strongly supports the Hopi Tribe’s resolution to declare local and national environmental groups unwelcome on Hopi land.

“I stand with the Hopi Nation,” President Shirley said. “Unlike ever before, environmental activists and organizations are among the greatest threat to tribal sovereignty, tribal self-determination, and our quest for independence.”

“By their actions, environmentalists would have tribes remain dependent on the federal government, and that is not our choice. I want the leaders of all Native American nations to know this is our position, and I would ask for their support of our solidarity with the Hopi Nation in the protection of their sovereignty and self-determination, as well as ours.”

Unfortunately, we can just as easily take out the names of the Navajos and Hopis and insert any state, town, local community all the way down to the individual, in whom environmental groups have worked to force their agendas on Americans, threatening livelihoods. This runs contrary to our constitution which guarantees us the right to life, liberty and the pursuit of happiness. But it doesn’t stop environmentalists.

I have said for some time that the longer the radical environmental groups exhibit their unrealistic, unrelenting and irrational agendas, always insisting on having their way, as a spoiled brat, people will begin to rise up against them. We are now beginning to see that more and more.

We as a culture can be quite tolerant of many people and diverse groups but when these environmental groups, the ones talked about by the Navajos and Hopis, care only of their agendas, wishing to dictate their wishes on others, at the expense of other people and their means of making a living, they have stretched the boundaries of sensible human actions. As a result, the Navajos and Hopis have kicked them off their land and have no more interest in trying to work with them.

The Hopi Council specifically names the banned groups: “the Sierra Club, the Natural Resources Defense Council, the National Parks Conservation Association, and the Grand Canyon Trust and organizations affiliated with them.”

Coming as no surprise to anyone who has had the distinct and unfortunate displeasure of working with such groups -and we could add several more to the list -, the reasons cited for kicking the groups off their lands is lying and spreading bad information.

The Hopi Tribe’s resolution states that environmentalists “have manufactured and spread misinformation concerning the water and energy resources of the Hopi Tribe in an effort to instill unfounded fears into the hearts and minds of the Hopi public.”

The Council stated that these organizations have acted without regard for the tribe’s right to determine how best to develop and manage its natural resources on its land, nor have they shown concern for the future welfare of the tribe and its people.

And this:

“Most often they don’t try to work with us but against us, giving aid and comfort to those opposed to the sovereign decision-making of tribes. They support tribes only when tribes are aligned with their agenda…..

Three cheers to the Navajos and Hopis for standing up for themselves and making it well known of their intentions and desires to be independent, to retain their sovereignty and seek self-determination. These environmental groups have had their way for far too long and they aren’t just a threat to the Navajos and Hopis, they are a threat to all Americans’ independence and self-determination, as well as the pursuit of life, liberty and happiness.

The environs are getting what they deserve. Smart, well informed people people will stop opening their pocket books to these groups.

Tom Remington

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DeMint Tries To Get Water Turned Back On In California

Note: Some of this information comes from Michelle Malkin’s website.

Many of you know, thousands of people and their businesses in California are being greatly affected because the federal government, under the misconstrued direction of the Endangered Species Act, is withholding water used to irrigate farmlands in order to save the delta smelt. Unemployment rates are as high as 40%, crops are dying and many long time businesses are on the verge of collapse, yet environmentalists, the President and now Congress refuse to do anything about it. Our priorities are really messed up.

Last night, Sen. Jim DeMint of South Carolina, tried to pass an amendment to a bill through the Senate that would provide for the water to be released. It failed 61-36. Here’s how your senators voted.

YEAs —61
Akaka (D-HI)
Alexander (R-TN)
Baucus (D-MT)
Bayh (D-IN)
Begich (D-AK)
Bennet (D-CO)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Burris (D-IL)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Collins (R-ME)
Conrad (D-ND)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Franken (D-MN)
Gillibrand (D-NY)
Hagan (D-NC)
Harkin (D-IA)
Inouye (D-HI)
Johnson (D-SD)
Kaufman (D-DE)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
McCaskill (D-MO)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Sanders (I-VT)
Schumer (D-NY)
Shaheen (D-NH)
Snowe (R-ME)
Specter (D-PA)
Stabenow (D-MI)
Tester (D-MT)
Udall (D-CO)
Udall (D-NM)
Voinovich (R-OH)
Warner (D-VA)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)

NAYs —36
Barrasso (R-WY)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
LeMieux (R-FL)
Lugar (R-IN)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)

Not Voting – 2
Byrd (D-WV)
Lincoln (D-AR)

Is there something odd about this picture?

And speaking of odd, in the following YouTube video, Sen. Diane Feinstein of California attempts to explain why she voted against the amendment. She likens the entire water debate to Pearl Harbor, whatever the heck that means, and explained that she didn’t want to give the people water because it might cause another lawsuit……………….No, really!

This is your tax dollars at work.

Tom Remington

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Pennsylvania Joins “Firearms Freedom Act” Movement

Add the Keystone State to the list of states who have decided to challenge the federal government’s authority to regulate every particle of guns and gun manufacturing. House Bill 1988 has been introduced.

Tom Remington

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