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Browsing the archives for the Karen Budd-Falen category.

A message from Attorney Karen Budd-Falen:

Agriculture, cattle, Federal gov & land grabs, Karen Budd-Falen, Op-ed


I looked up the definition of “bully” in the dictionary.  It read, “a blustering browbeating person; especially: one habitually cruel to others who are weaker.”  While I certainly would not characterize every child in a school-yard as a bully, nor every person working for the federal government as abusive, there are some individuals who fit that description.  They may be the exception, but the label still fits.

The problem is that while there are actions you can take to stop a school-yard bully, there are NO actions you can take to stop a bureaucratic bully.  We must get Congress to change that paradigm.  I am asking for your help.

On October 29, 2013, a group of ranchers are going to testify before a Congressional Committee, telling their stories of being targeted and bullied by federal government employees simply based upon their ownership and use of private property and private property rights.  The result is not only harm to the individual, but a “cleansing” of rural America as the free-market system fails.  Their stories are compelling, and on October 29, will be told to Congress and the Nation.  But we want to tell your stories too.  At the end of this request, I will let you know how to help.

In 1871, Congress passed the Civil Rights Act.  The Act allows private citizens to bring litigation against individual state and local government employees who, “under the color of any statute, ordinance, regulation, custom, or usage” cause that citizen the loss of any rights, privileges, or immunities secured by the U.S. Constitution and U.S. laws.  The Civil Rights Act did not create any new rights.  Rather, the Act permits individuals to sue state and local public officials in the federal district court for alleged Constitutional and statutory bullying.

Yet this same remedy is not available against federal government officers who, “under the color of any statute, ordinance, regulation, custom, or usage,” cause a citizen the loss of any rights, privileges, or immunities secured by the U.S. Constitution and U.S. laws.  This gaping omission was highlighted in the U.S. Supreme Court case of Wilkie v. Robbins, 551 U.S. 537, 577 (2007).  In that case, although the Supreme Court recognized that certain federal employees may have harmed and harassed landowner Frank Robbins because Robbins would not voluntarily surrender his property rights to the federal government, the Court refused to allow Robbins access to the federal courts to even plead his case.  However, the Justices also noted that the Congress could (and should) create a legal “cause of action” in the federal courts for those cases where federal employees use and abuse the “color of their office” to harass or bully someone for standing up for their Constitutionally protected rights.

The purpose of the October 29, 2013 hearing is to tell these stories to Congress and the American people and urge Congress to allow access to the courts for America’s citizens who are suffering long-continued harassment and harm at the hands of individual federal employees.  That is not to say that all adverse government decisions are always politically or personally motivated, nor does it guarantee that private citizens will always win, but as it is now, the courthouse door is shut and locked and access is completely denied.  That is the problem that has to be fixed–private citizens should have the right to access the courts, so that judges and juries can decide those claims with merit.

Based upon the Robbins Supreme Court opinion, other private property owners who are being harassed and intimidated because they refuse to turn over their private property outside the guarantees of the U.S. Constitution have no forum in which they can vindicate their claims.  The Robbins decision is a complete bar to the judicial branch of the government, regardless of the extreme nature of the federal officials’ actions.

The second aspect of this story is the destruction of free-markets and rural economies and communities because there is a void in the protection of private property ownership, use and rights.  Secure use of private property rights is the cornerstone of a free-market economic system, but that security is threatened by government official interference under “color of law.”  Voluntary exchange and free markets depend on private property ownership and use, since every participant in a free-market system is a property owner who must be responsible for himself and his possessions.  This holds true whether the private property is land, other property rights and interests, tangible goods, ideas, or the person himself.  Yet, with no access to the courts against federal employees who use their office to hamper private property use and ownership, the free-market system and economic fabric of rural communities are being destroyed.  Private property ownership encourages the development and use resources in a way that is advantageous and can be traded or sold to others.  Private ownership makes people accountable for their actions.

But in many cases, that is not the way it works now.  Because there is no method  to require personal accountability of federal employees who use the power of their federal agency to violate our Constitutional guarantees, property owners are being forced to severely limit their businesses, and in some cases, lose their property and livelihoods altogether.  These losses, particularly in rural communities and economies, translate to lost economic revenue, lost jobs and lost opportunities, which, in turn, translates to lost community services such as fire protection, deteriorating roads and vacant schools.  Rural cleansing is occurring in America as those who rely on the use of their property are forced to relinquish their rights and move to more urban settings in search of jobs.

It is time for Congress to act to provide a legal cause of action when federal bureaucrats use the power of their offices to violate our U.S. Constitutional guarantees.  That process will start with the hearing on October 29, 2013.  If you have a story involving federal bullying and harm, I encourage you to send your information to buddfalenlaw@gmail.com.  With your permission, we will take these stories to Washington D.C. and present them with the stories of those attending the hearing.  This is a chance for you to tell Congress if you have been the subject of selective and continued harassment and pressure to give up your Constitutionally guaranteed rights.

Not all federal employees are bullies and some counties and communities are still clinging to the rural way of life.  But for the victims of the bullies and the communities who suffer, Congress must provide access to the judicial system for a chance for relief.  Please help us get the message to Congress; send your stories of bullying or letters and e-mails of support to buddfalenlaw@gmail.com

Thank you.

Caren Cowan

Executive Director

New Mexico Cattle Growers’ Association

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Support Rural America Sheriffs’ Event in Modoc on April 21

Constitution, Karen Budd-Falen, Sheriffs, Support Rural America

The Support Rural America Sheriffs’ Events are going on the road and the next meeting of Constitutional Sheriffs will be in Alturas with Modoc County Sheriff Mike Poindexter hosting the event on Saturday, April 21st.

Special guest is Wyoming private property rights attorney Karen Budd-Falen.

She will speak along with the panel of sheriffs on the U.S. Constitution.

Sheriffs include Mike Poindexter, Del Norte County Dean Wilson and Oregon’s Grant County Glenn. E. Palmer.

The Modoc Support Rural America Sheriffs’ Event will be held at the Casino Convention Center in Alturas at 2 p.m.

Doors open at noon. Admission is free.

Event is sponsored by Modoc Independent Tea Party. 

Contact Doug Knox for more info at 530-233-3599.

For vendors and info tables, cost is $20. Contact Doug or Louise Gliatto at 530-842-5443.

We reserve the right of refusal.

Check out youtube videos from Feb. 25, 2012 and October 22. 2011 Events in Yreka, CA. at:


Support Rural America.com



Constitutional Sheriffs.com



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House panel probes inner workings of ESA

Endangered Species Act, Karen Budd-Falen


House panel probes inner workings of ESA

By MATEUSZ PERKOWSKI, Capital Press 12/14/11

The House Committee on Natural Resources will be examining the effects of the Endangered Species Act on job creation and economic growth.During the first of several planned oversight hearings, committee chairman Doc Hastings, R-Wash., criticized the statute for becoming “a tool for excessive litigation.

The multitude of lawsuits has drained the government’s resources for actually protecting species, he said during a hearing in early December.“The litigation mindset that is consuming the Endangered Species Act has had considerable job and economic impacts across the West, unnecessarily pitting people against species,” said Hastings.Critics of the ESA urged committee members to make key changes to it.

The biggest reason the act has been used to stop economic progress is that it always places species above human welfare, said Brandon Middleton, an attorney for the Pacific Legal Foundation property rights group.A 1978 U.S. Supreme Court decision — Tennessee Valley Authority v. Hill — has established species recovery as the “highest of priorities,” Middleton said.In that case, the court found that a dam project should have been stopped to prevent harm to the endangered snail darter, a small fish.

As a result of that precedent, federal courts cannot consider economic harm to humans when evaluating lawsuits over alleged Endangered Species Act violations, Middleton said.

Congress should amend the statute so the needs of the human species are balanced against the recovery of listed species, he said.Karen Budd-Falen, a natural resource attorney who has criticized environmental litigation, said the ESA would be more effective if the federal government had more time to meet deadlines.

Under the act, the U.S. Fish and Wildlife Service has three months to respond to a petition that requests federal protection for a species. If such a listing may be warranted, the agency has a year to make the final decision.

Environmental lawsuits largely target the government’s time frame for evaluating species, rather than disagreeing with a listing decision itself, she said.Thousands of pending petitions basically “crash” the system and prevent the agency from working on other recovery measures, like conservation plans with landowners, Budd-Falen said. “The federal government can’t comply with these time frames,” she said.

Proponents of the current ESA system rejected the implication that environmentalists view litigation as a money-making scheme.Representatives of the Center for Biological Diversity and WildEarth Guardians — common litigants in such cases — said attorney fees recovered from the federal government comprise only a small portion of their budgets.“We do not do this for the money. We do this to protect species,” said Jay Tutchton, general counsel for WildEarth Guardians. “We typically never receive what we ask for. It’s not a productive way to make a living.”

According to the WildEarth Guardians 2010 annual report, it received $153,545 in legal fees. The Center for Biological Diversity received $685,981 in legal returns, according to its 2010 annual report.

Tutchton defended the practice of suing the federal government for missing petition deadlines, saying such litigation is necessary to keep the government accountable.“Deadlines are a method to force recovery,” he said. “It’s the chronic disregard of deadlines that has, for some species, kept people from working on their recovery sooner.”

Kieran Suckling, executive director of the Center for Biological Diversity, said the current program doesn’t need to be changed — rather, more money would allow it perform all the necessary functions so as to prevent the need for litigation. “In many regards, adequately funding the current program is all that’s needed,” he said.

John Leshy, a law professor at the University of California-Hastings, said that the federal government actually wins most of the lawsuits accusing it of violating the Endangered Species Act. However, the federal courts play the crucial role of a neutral decision maker, he said. “I think it would be a terrible mistake to take the courts out of it.”

PNP comment: If the Greenie enviro groups are “for” something, then it is destructive to property rights and costly to the taxpayers. The ESA was established in 1973 to aid the “increase” in population numbers of animals — not to destroy wildlife habitat and property, whether it is private property or state and federal managed property. The ESA is now a tool used to create inhibiting regulations and is un-Constitutional!

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Western Mining Alliance touts attorney Karen Budd-Falen

Defend Rural America, Karen Budd-Falen, Mining

Posted by Western Mining Alliance.org


From Rural Liberty Alliance: Karen Budd-Falen Speaks about Environmental Groups Abuses

Posted on December 11, 2011 by rick

by Bob on November 18, 2011

Karen Budd-Falen is a leader in protecting private property rights. She is the main author of the Government Litigation Savings Act (GLSA), H.R. 1996, introduced by Rep Cynthia Lummis, R, WY. The GLSA passed committee in the House of Representatives last week.

Environmental Terrorism Against Rural America

Environmental groups have launched an assault on our rural America. The government, primarily through the courts, is denying rural America access to our resources that make us self-sustaining. We have allowed this to happen to our country and are funding our own demise, but no longer. The Founding Fathers gave us the tools to fix it in the U.S. Constitution. We can take back America county by county. And that is exactly what we intend to accomplish.


Bullet Points to Consider from Karen’s Speech

  • The word constitution means foundation

  • Federal and state governments NEED a law for EVERYTHING they do!

  • Start asking the government, “what law gives you the right to stop my use?”

  • Daniel Webster wrote the first dictionary so they (the courts) couldn’t change the meaning of the words in the U.S. Constitution.

  • All of our rights including free speech and the right to vote along with the basis for every freedom we have in this country is based on ownership of private property. Keep in mind that Karl Marx Communist Manifesto said the theory of Communists can be summed up in ONE sentence: Abolition of Private Property..

  • Government pays environmental groups to stop you from using your property. And they don’t even track the money spent.

  • Karen has tracked $36 million paid to 19 environmental groups in 19 states over 9 years.


Enjoy the video from Defend Rural America event on Oct. 22, 2011 in Yreka, CA.  — click on the above link !!!

Karen Budd-Falen Speaks about Environmental Groups Abuses

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