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Supreme Court Justice Antonin Scalia, the judicial standard-bearer of the conservative movement and the court’s most provocative member, died Saturday. He was 79.
His death means President Obama could have an unprecedented chance to try to shift the balance of the court during his final year in office — setting up a Senate battle in the heat of an election year.
The U.S. Marshals Service in Washington confirmed Scalia’s death at a private residence in the Big Bend area of south Texas.
The service’s spokeswoman, Donna Sellers, says Scalia had retired for the evening and was found dead Saturday morning when he did not appear for breakfast.
“He was an extraordinary individual and jurist, admired and treasured by his colleagues,” Chief Justice John Roberts said on behlf of the high court and and retired justices. “We extend our deepest condolences to his wife, Maureen, and his family.”
Scalia used his keen intellect and missionary zeal in an unyielding attempt to move the court farther to the right and to get it to embrace his “originalist” view of judging after his 1986 appointment by President Ronald Reagan.
His 2008 opinion for the court in favor of gun rights was his crowning moment in more than 30 years on the bench.
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The EPA is under investigation for a practice called Sue and Settle. Environmentalists in government and private organizations have found ways to create new regulations by fashioning lawsuits tailored to have courts institute policy changes. Both parties involved in the lawsuits secretly decide in advance what the outcome will be and how much taxpayer money will be transferred to the environmental group in the settlement. In other words, they are exploiting the courts to change laws, and in the process, helping to fund radical environmental groups without legislative or taxpayer consent. Millions of taxpayer dollars have been given to these groups.
Recently, PLF attorneys filed an amicus brief with the U.S. Supreme Court in support of the estates of Nevada ranchers, E. Wayne and Jane Hage. The Hages, and their children, have been fighting for over twenty years to preserve their water rights from federal agencies.
Water rights, like those owned by the Hages, are essential to ranching and other natural resource industries throughout the western United States. In their case, a federal agency interfered with the Hages’ rights to access and maintain the flow of water to their ranch. The U.S. Claims Court determined that the agency’s actions resulted in physical and regulatory takings of their water rights. The Federal Circuit Court of Appeals, however, reversed the trial court’s conclusion without addressing the merits of their claims. The court held that the Hages’ case—which arose nearly a quarter century ago—is premature!
The western sage grouse is just the latest in the long list of endangered species which have been successfully used by their environmental proponents as economic weapons of destruction in the West. After the spotted owl was listed as an endangered species in the 1990’s the western timber industry was eradicated from our nation’s forests, leaving the timber to rot from disease and be consumed by catastrophic fires.
Thirty Clark County, Nevada ranchers went broke as a result of the ESA listing of the desert tortoise. Tortoise eggs were determined to be in danger of cows stepping on them. Despite the fact that cattle, sheep and tortoises had cohabitated in the southern Nevada desert for more than a century, ranchers were forced to abandon their vested water rights and forage rights for the tortoise. Once the lands were cleared of ranchers then Nevada BLM Chief, Bob Abby pursued a public land selling spree to Las Vegas developers armed with excavators and paving equipment. (Emails Link Former Chief of the BLM’s Ex BLM Chief Bob Abbey to Henderson, NV Land Scandal) Environmentalists and bureaucrats were suddenly mute on the subject of the desert tortoise.
History shows that endangered species listings have less to do with saving the lives of animals and more to do with taking property and water rights by circumventing that pesky provision in the Constitution—just compensation. See this special report in Range Magazine about the new spotted owl, “The Sage Grouse”.
Ron Arnold: A Journalism Nonprofit’s Nonagenda Agenda
Among the standout names of outfits recently whacking the Donors Trust is the nonprofit investigative journalism organization known as the Center for Public Integrity. To many, the group’s name seems presumptuous and agenda-laden, despite its insistence that it is “nonpartisan and does no advocacy work.”
High court overturns Montana Supreme Court ruling that power company owes state rent.
Compiled by staff
Published: Feb 24, 2012
The U.S. Supreme Court ruled in the case PPL vs. Montana that the waterfalls of the Missouri River near Great Falls, Mont., are not navigable and therefore power company PPL does not owe the state rent and the state cannot claim ownership of the riverbed. By law states hold title to riverbeds only if the rivers are navigable.
“Farmers and ranchers prevailed this week when the U.S. Supreme Court unanimously ruled in favor of landowner property rights in the case of PPL v. Montana,” said American Farm Bureau President Bob Stallman. “This decision puts ownership of streambeds and stream banks in the hands of their rightful owners.”
The American Farm Bureau Federation filed a friend-of-the-court brief along with the Montana Farm Bureau in the case. Colorado Farm Bureau and Utah Farm Bureau also filed briefs in the case in support of the petitioning landowners.
Despite the ruling in favor of PPL, Montana Attorney General Steve Bullock still has plans to attempt collecting rent from PPL, who has dams on the Missouri, Madison, and Clark Fork rivers.
The Supreme Court did hand the case back to state courts for other disputed stretches of river, encouraging them to use the guidance of the federal court’s decision. Justice Anthony Kennedy wrote that there is a significant likelihood that some of the other river stretches will fail this navigability test.
According to University of Montana School of Law associate professor Kristen Juras this decision is very important not only for PPL bur also for any landowners with property abutting rivers. She says the broader you describe navigability the less property rights riparian landowners have.
“I think it’s an important decision really for all Montanans who enjoy or use the rivers for their businesses,” PPL spokesman David Hoffman said.
PPL had argued that charging the power company rent would lead to the state charging irrigators and agricultural uses near rivers, which state officials had said wouldn’t happen.
“This decision also helps ensure that farmers and ranchers will not have to pay government for the use of land or water from streambeds that run alongside or through their property,” Stallman said. “This week’s decision is a win for Farm Bureau members, farmers and ranchers nationwide and all private property owners.”
Like many areas of the United States, citizens in Siskiyou County are finding government regulations are destroying their RIGHTS. This includes Water Rights, Property Rights and Individual Rights. We believe in the Constitutions of the United States and State of California that provide RIGHTS for its citizens. We also believe these RIGHTS are being systematically reduced, which is resulting in tyranny from our governments -- at all levels.
Under the U.S. Constitution, the government should serve the people!