Issue link: https://www.epageflip.net/i/7067
At the American Nation- al CattleWomen general membership meeting in San Antonio during the Beef Cattle Industry convention, Karen Budd-Falen, cowboy lawyer, alerted us to The Abuse of the Litigation Process by so-called non profit groups. It was another informa- tive session, because Karen's latest project is Western Legacy Alliance. "Our federal government is paying environmental groups to sue the federal government." $4.7 billion has been spent by the feder- al government, and no one knows where the money is going. The Justice Depart- ment doesn't know. There is Western Water- shed Project, whose goal is eliminate ranching. Between 2000 and 2009, it has filed 91 lawsuits, with a payment of $1,150,000 for attorney fees. Wild Earth Guardian has filed 180 law- suits. Friends of Earth is another group. Nine groups have filed 2,875 cases in nine years in Federal District Court. There are two major ways for them to file law- suits. Judgement Fund — appropriations every year with no spending cap. The second way is Equal Access to Justice Act (EAJC) — money comes out of agency budget to pay winning lawyers and caps attorney fee at $125 per hour. But $ 650 is where they get around the cap. Ranchers can't get their attorney fees paid, but envi- ronmental groups can. Your tax dollars pay attorney fees on both sides. If the US For- est Service is sued, the gov- ernment pays the US Forest Service lawyer, and loses the suit because it didn't respond within the allotted time. The environmental side lawyers get paid by the government. Many of the cases have listed and used Endangered Species to file their law- suits. Center Biological Diver- sity — in Washington has filed 12 cases. Six cases it won with $ 941,000 cost of attorney fees for Giant Palouse Earth Spitting Worm. The government took more than 90 days to respond to the petition, and lost. CBD won. Wild Earth Guardians sued FEMA to stop selling flood insurance, and now it is unable to build houses. Jeff Falkner, said it is not a western cowboy issue, because in 20 states, there have been 1,269 cases filed. Here in Northern Cali- fornia, since I got home, Center for Biological Diver- sity filed lawsuits against the California Department of Forestry and Fire Protec- tion in seven counties — including Shasta, Tehama,Trinity, Amador, Calaveras, El Dorado and Modoc Counties. The suits claim the agency violated environmental and forestry rules in approving 15 Sierra Pacific Industries logging plans. "All the planned clear- cuts are on land owned by Sierra Pacific, the state's largest private landowner," said Mark Pawlicki, spokesman for the Ander- son-based company. "Pawlicki said the Cen- ter for Biological Diversity — a group started in New Mexico that now has offices in San Francisco, Wash- ington D.C. and other parts of the country — has filed numerous lawsuits in recent years. Its real goal is to shut down the forest products industry, Pawlicki said." This accord- ing to a Redding Record Searchlight article on Jan. 29. When we were on the 4th annual Farm City bus tour in the fall, Mark Lathrop of Sierra Pacific showed pic- tures taken in the same loca- tion over 10 years' time, when it was a clear cut of 30 acres, and now the planted pine and fir trees are 15 feet tall. What I really appreciate is the fact that Sierra Pacific replants within one year. It could be a planned harvest or from wild fires, but the private timber lands are replanted while dead trees and snags still stand on the U. S. Forest Service lands years after a fire goes through. SPI uses tree seedlings and species from local sources so the trees are adapted to grow at that par- ticular elevation and loca- tion. They leave islands of old growth timber for the wildlife when a site is har- vested. Another story in the last month was "The Arizona- based Center for Biological Diversity is calling for a new review of the Califor- nia Deptartment of Fish & Game's program to stock hatchery- raised fish in lakes and streams around the state. It said DFG trout bred for recreational fishing will hunt native fish and amphibians. They claim in the Trinity Alps the trout eat the Cascades frog. In the suit, the center asks DFG to craft a new study of the fish- stocking program and pro- pose ways to protect ani- mals, such as the Chinook salmon, mountain yellow- legged frogs and long-toed salamanders. "In response to a similar lawsuit by the center and other environmental groups in 2006, the state released an environmental report about the stocking program last month. The latest law- suit challenges that report." This according to a story in the Record-Searchlight, Feb.11. In San Antonio National Cattlemen Beef Association members approved policy calling for reform of the Equal Access to Justice Act. While EAJA was estab- lished by Congress to ensure that individuals, small businesses or public- interest groups with limited f i n a n c i a l resources could seek judicial recourse from unreasonable g o v e r n m e n t actions, a lack of federal over- sight has allowed the Act to be abused, particularly by environmental- activist organi- zations, which often target farmers and ranchers under the guise of public interest. In a six-year period, non-profit environ- mental groups have filed more than 1,500 lawsuits and in turn the federal gov- ernment has paid out bil- lions in taxpayer dollars in settlements and legal fees under EAJA and other fee- shifting statutes in cases against the U.S. govern- ment. Budd-Falen, with her husband Frank Falen, is the owner of the Budd-Falen Law Offices, L.L.C. in Cheyenne, Wyo. Before moving back to Wyoming, Karen served for three years in the Reagan Administration, U.S. Department of the Interior, Washington, D.C., as a spe- cial assistant to the assistant secretary for Land and Min- erals Management. She later served as a law clerk to the assistant solicitor for Water and Power and has worked as an attorney at Mountain States Legal Foundation, a conservative public interest legal founda- tion in Denver. Jean Barton can be reached at jbarton@theskybeam.com. 4A – Daily News – Saturday, February 20, 2010 DW PLUMBING INC. Local Plumbers Serving all Your Plumbing Needs Since 1993 530 527-6403 Lic. No 679492 Major Credit Cards Accepted Call For Free Information Toll-Free (800) 464-1403 or (530) 365-1403 6183 MEISTER WAY ANDERSON, CA 96007 (530) 365-1403 (800) 464-1403 LIC #808524 www.integrityhvac.com Visit our website @ 5213 Industrial Way, Anderson, CA State Lic. 750325 Solar Lic. 931200 Comfort you can trust! Redding 242-9100 Anderson 365-9100 Red Bluff 528-9100 Smog Check starting at $ 29 95 (most cars and pick-ups) Pass or FREE retest COMPLETE AUTO REPAIR + cert. All makes and models. We perform dealer recommened 30K, 60K, 90K SERVICES AT LOWER PRICES 527-9841 • 195 S. Main St. Agriculture farm&ranch CORNING KELLY TAX SERVICE 1312 Solano St , Corning • (530) 824-9046 Davis Vargas Milenka Aramayo DECLARACION DE IMPUESTOS • Si no hizo sus taxes, podria recibir reembolso, tenga o no Seguro Social o Cuenta en el Banco. • Podemos ayudar a sacar su ITIN. • Si le llego una Carta del IRS, y piensa que hay un error en sus taxes. • Si no pudo reclamar a sus dependientes, estamos para ayudarl. INMIGRACION: En la Oficina de Corning: Podemos ayudarlo a completar sus papeles de: Petición Inicial para la residencia, Autorización de Trabajo, Carta de Sostenimiento, TPS, Ciudadania, Petición final para la Residencia Permanente, Carta de Sostenimiento, etc. Legal abuse costs us billions Courtesy photo Attorney Karen Budd-Falen speaking at the American National CattleWomen meeting in San Antonio. Jean Barton California Nut Festival set for a return to Chico CHICO – Organizers of the California Nut Festival have re-organized and are announcing a new format for the event that will debut 11 a.m. to 5 p.m. Saturday, April 17 at the historic Patrick Ranch Museum, on the Midway in Chico. Previously held in February, the festival, was a group of events over a two week period at various loca- tions throughout Chico. The new festival has been revitalized by a group of volunteers culminating in a one-day food and wine event that celebrates all things nuts. A portion of the proceeds of the event will still serve as a fundraiser for the Far West Heritage Muse- ums. Tickets are available at any local Tri Counties Bank branch and online at www.CaliforniaNutFestival.com for $25 per person. CSU Beef Day today The CSU Chico Annual Beef Day and Trade Show will be held today with registration kicking off the day 8-9 a.m. at California State University, Chico. Cost is $12 per person or $8 for students including lunch.. Stockman tour The Stockman and Stewardship Tour will begin at 1:30 p.m. on Friday, Feb. 26 at the Cottonwood Live- stock Auction Yard. The event features Curt Pate, Effective Stockman- ship Instructor; Matt Byrne, California Cattlemen's Association; and Kristen Parman and Forrest Mangan, Livestock Marketing Association. Topics will include effective stockmanship, low stress animal handling and being a good steward of livestock. Almond Board election results The Almond Board of California has released elec- tion results for the Board of Directors positions whose terms of office will begin March 1. Independent Grower Member Position One: (one year term) Mike Mason, Wasco; Alternate Position One: Brad Klump, Escalon; Member Position Two: (three year term): Bill Harp, Bakersfield; Alternate Position Two: Brian Wahlbrink, Denair. Independent Handler Member Position Three (one year term): Keith Rigg, Le Grand; Alternate Position Three: Dean Nelson, Ker- man Cooperative Grower Member (three year term): Dave Baker, Modesto; Alternate: John O'Shaughnessy, Sacramento.