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Browsing the blog archives for March, 2016.

State of California flouts its own enviro laws, claims county threatening multi-million-dollar suit

LAWS or law, Lawsuits, State gov

By Matt Fleming, CalWatchdog.com

Sacramento County is threatening to fine Caltrans millions in taxpayer dollars for drilling hundreds of wells over a period of decades in violation of laws aimed at protecting groundwater, records show.

The county set the possible fine at as much as $5.23 million per day to locate and follow proper procedures for a fraction of the wells — the most extreme measure thus far in a long-running jurisdictional spitting contest. The county says the state should have obtained permits, licenses and inspections for 523 narrow wells drilled from January 1990 to May 2014, according to a notice of violation obtained by CalWatchdog.

The wells, four to six inches in diameter, are used to monitor geological conditions and water levels for safe building purposes. State water laws are aimed at making sure the holes, which can extend hundreds of feet into the ground, don’t allow for untreated stormwater or hazardous chemicals to pollute groundwater, which the holes often intersect with.

Caltrans lawyers have for years advised staff that while the agency was subject to the laws, Caltrans could police itself. The agency relied on those opinions in deciding not to obtain the same approval and paperwork from county agencies required of a private individual or company undertaking similar drilling.

Under pressure from county environmental agencies, Caltrans shifted its stance in 2014, announcing its intent to follow the law going forward and outlining a plan to locate wells throughout the state and to work under the proper license.

ensuring that you are in compliance is always a best practice, whether you are an individual or a state department.”

– Mark Dinger, CalTrans spokesman

“Our intention has always been to play by the rules, and ensuring that you are in compliance is always a best practice, whether you are an individual or a state department,” Caltrans spokesman Mark Dinger said.

The dispute with Sacramento County is one of several across the state involving the drilling regulations. The agency has had relatively recent run-ins in Marin, Mendocino, San Joaquin and Humboldt counties. Some of those counties and others have filed records requests on well drilling in their jurisdictions.

The state estimates it drilled 10,000 borings across the state since 1990, though some would not have been subject to the state Water Code at issue.

CalWatchdog asked Dinger why the state agency failed to fully adhere to state and local laws during that time.



In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Ammon Bundy, 3 co-defendants appeal to remain in Oregon

Bundy Battle - Nevada, Bureau of Land Management, CORRUPTION, CRIMINAL, Federal gov & land grabs


Associated Press

10:06 a.m. PDT March 29, 2016

Statesman Journal

PORTLAND, Ore. (AP) — Ammon Bundy, Ryan Bundy and two co-defendants charged in the occupation of a national wildlife refuge in Oregon have appealed an order that requires them to be flown to Nevada next month to face charges in a federal case there.

Assistant federal public defender Rich Federico filed notice Monday that the four men are appealing to the 9th U.S. Circuit Court of Appeals. It’s unclear when the appellate court will take up the matter. The men are being held pending trial in a Portland jail.

The Bundys along with Ryan Payne and Brian Cavalier were among the more than two dozen people arrested in the 41-day standoff in eastern Oregon that concluded Feb. 11. They also face charges stemming from a 2014 standoff at Cliven Bundy’s ranch near Bunkerville, Nevada.

Last week, a federal judge in Portland ordered the defendants to be flown to Las Vegas on April 13 and returned to Oregon no later than April 25. During that window, they would make their first court appearances in the Bunkerville case.

At a hearing last week, defense attorneys and Ryan Bundy, who’s representing himself, said the clock shouldn’t start on the Nevada case until the Oregon one is over.

Having the men shuttle between the states while preparing for two cases with two different attorneys would be a logistical nightmare, and jeopardize their right to effective counsel, the lawyers and Ryan Bundy contended.

U.S. District Court Judge Anna Brown said their concerns were premature, and allowed the flight for the initial court appearance.

An Oregon trial date is expected to be set next month. Brown has indicated it will likely be scheduled for late summer or early fall. The Nevada case would be tried sometime after that.


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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UPDATE: Three attacks by Oregon wolf pack could spur lethal action

cattle, Wolves


Statesman Journal

Three attacks on livestock by a wolf pack in northeast Oregon this month could lead to lethal action against the Imnaha Pack.

State officials determined the pack was responsible for killing two calves on Sunday, bringing the total number of livestock killed in March to four animals in the Upper Swamp Creek area of Wallowa County.

The livestock operator affected by the attacks, who has not been named, has requested that the Oregon Department of Fish and Wildlife take lethal action against the pack.

Lethal action can be considered following two confirmed depredations.

The department last took lethal action against wolves in 2011,  when two wolves, also from the Imnaha Pack, were euthanized by Fish and Wildlife officials. In 2009, state officials killed two wolves known as the Keating Pair. Both were euthanized following livestock depredation.

However, ODFW does not always take lethal action. Last year, the Mount Emily pack was blamed for five depredations and no lethal action was taken. 

On Sunday morning, a livestock producer reported finding two dead calves in the same area where two previous attacks by the Imnaha Pack had taken place.

GPS radio‐collar data indicated that wolves OR4 and OR39 were in the immediate area that night, according to ODFW reports on the incident.

“The locations, as well as the number and size of the bite wounds are similar to those observed on other confirmed cattle depredations by wolves,” the report by ODFW said. “This combined with the presence of wolf tracks and confirmed presence of Imnaha Pack wolves at the site were adequate to confirm the (calves) as a confirmed wolf depredation.”

In a previous attack, investigated on March 9, ODFW reported that Imnaha Pack wolves killed a calf. On March 25, the wolves were deemed responsible for killing an adult ram (sheep).


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Liz Writes Life 3-29-16

Doug LaMalfa Congressman CA, Liz Writes Life

March 29, 2016

Published in Siskiyou Daily News, Yreka, CA

The Fort Jones Community Center was packed with over 100 Siskiyou residents as CA. Dist. 1 Congressman Doug LaMalfa spoke during the Scott Valley Protect Our Water meeting last week. He covered a myriad of topics from the craziness in Washington D.C. to the hypocrisy of issues surrounding the threat of Klamath dam destruction and praised our Siskiyou leaders for their dedication.

The congressman said that too much water is flowing into the ocean and more water must be stored in California. Shasta Dam reservoir looks great and is nearly to the top, but it is the only one in the state as other dams are not nearly as full. There have been complaints that those dams are releasing too much water.

When referring to the secret meetings of the newly-created Klamath dam destruction group, LaMalfa was disgusted at the private meetings being held. “Government people are involved and they are doing it on government time,” he said, and has demanded government officials stop their involvement.

He is upset that California Governor Jerry Brown is pushing for a 24 cent tax per gallon on gasoline and diesel; then to make matters worse, the state’s newest scheme is to place a vehicle mileage tax on all drivers.

“This will hurt rural folks the most,” said LaMalfa, adding that it’s not enough to have wolves expand into the county, “your dams ripped out and they take your water. You are the tip of the spear, once again,” he said. “We are always thinking about you.”

LaMalfa has been working closely with Siskiyou Co. Supervisor Ray Haupt on forestry and Westside Fire Recovery Project and is disgusted that the Westside Plan has taken so long to be implemented.

“Everyone knows the forests are constantly growing board feet out there – we can heart it! We should be utilizing this huge increase of timber,” he said. And to the recovery of burned trees, LaMalfa lamented, “What’s new about salvage on a fire?”

He is frustrated that it took over a year and a half for the Westside Fire Recovery to be completed and will be questioning U.S. Forest Service Chief Tom Tidwell about the slow process during hearings this week in D.C.

Speaking of hearings, LaMalfa asked pointed questions to Secretary of Interior Sally Jewel and her Deputy Secretary Mike Connor last month during WA. D.C. hearings — about the secret Klamath dams meetings. Sounded like he was able to put them on the hot seat! He also added that it is illegal to have a bi-state agreement, such as this new shell entity without the approval of congress. LaMalfa also believes that the City of Yreka needs to be attending the secret meetings, because its water supply from Fall Creek is part of the Klamath River system and will be affected.

One question to LaMalfa was about U.S. Presidential candidate Donald Trump. Would he vote for him? LaMalfa said his first two candidate choices have been knocked out of the game, but he will vote the party line. LaMalfa said he believes Trump, who is currently the leading candidate, would have to work with congress; and congressional people will educate him regarding these pressing issues. He added that Republicans need to be elected to the U.S. Senate and the House to strengthen the conservative vote.

It takes 60 senators to get most bills passed, LaMalfa explained, and there are only 54 Republicans right now. Getting six Democrats to cross the line for a bi-partisan vote is difficult.

The congressman was asked if congress was looking into the FBI and the killing of rancher LaVoy Finicum in Eastern Oregon in January. He responded, “It sure looks like an execution.”

LaMalfa has talked with Utah Congressman Jason Chaffetz about the situation, who is quite critical of BLM law enforcement. Chaffetz and three other Utah Congressmen recently introduced a bill that would strip BLM and USFS of their power to police federal lands. That police power would be turned over to county sheriffs. Chaffetz claims the growth of police powers has distracted the agencies from their main mission, which is the managing of federal lands. Because of tyrannical attitudes of many of these federal law enforcement agents, they are no longer trusted by many citizens. Yep, that’s a pretty gutsy bill.

Toward the end of the meeting, LaMalfa said he has a deep love for what is right and what is good. That is what he works to achieve. He worries about the coarseness of language and rough protests creating a degradation of our society. He gives a significant amount of short speeches during the Thursday morning open mic on the House Floor working to educate his fellow law makers on the issues plaguing rural Californians.

Next week, I’ll share info from the rest of the Protect Our Water meeting.

Liz Bowen is a native of Siskiyou County and lives near Callahan. Call her at 530-467-3515.

# # #

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Support Lisa McMurry Nixon for Siskiyou Co. Supervisor Dist. 4

Siskiyou County

Lina and Frank Tallerico have made six gallons of spaghetti sauce for the fundraiser that will be held for Lisa McMurry Nixon on —

Wed. March 30, 2016

Miner’s Inn Convention Center

Yreka, CA.

5 p.m. is social hour

6 p.m. is dinner

$15 per person


Desserts, AR-15 .223 caliber rifle, .17 caliber rifle, 9mm Sig Sauer handgun, hand-painted family portrait by Mimi Bailey, guided fishing trip on the Klamath by Scott Eastman, Chef Caroline White Brask dinner for six, 3-day Mexico hot barrel dove hunt, sail plane ride, Linda Richter photo, a stay at the Gillis Mansion B&B, Etna Brewery beer, Weed Coffee Roasting goodies, Alaska fishing trip at Ron DiNardi’s Dreamcatcher Lodge in Yakutat!!!

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California Debt Clock on 3-29-16

State gov


California Debt Clock on March 29, 2016 showed

$427,914,552,237   in debt

Debt per person is estimated at:  $10,961

Can California survive this kind of debt ????


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Making Jefferson Happen Town Hall 4-2-16


21 Counties have signed Declarations to Separate from California.
What happens next?  Find out this Saturday!

How YOU Can Make It Happen!

Bring a friend! PLEASE SHARE!

Shasta County Town Hall

Saturday, April 2, 2016

Senior Citizens Hall

2290 Benton Drive

Redding, CA

Doors open at 3 p.m.

Meeting at 4 p.m.

Speaker:  Mark Baird

Time for the State of Jefferson?

Facing up to the state’s debt burden

The state of California has run up $6,400 on your credit card. And the same amount for your spouse and each of your children. A family of four owes more than $25,000.


How is California working out for you?

“Use your common sense move to Texas, Tennessee or any other free State (a free State is one with low taxes and does not force workers to pay bribes to unions). Do you want freedom or good weather? Your choice.”
YOU CAN HAVE BOTH! Move to Jefferson!

Rider: Unaffordable California – It Doesn’t Have To Be This Way – California Political Review

Great website for more info, below:


PROPERTY TAX:  California in 2015 ranked 14th highest in per capita property taxes

PERSONAL INCOME TAX: Prior to Prop 30 passing in Nov. 2012, CA already had the 3rd worst state income tax rate in the nation.

SALES TAX:  CA has the highest state sales tax rate in the nation.  7.5% (does not include local sales taxes)

GAS TAX:  CA has the nation’s 5th highest “gas pump” tax at 59.0 cents/gallon (January, 2016).

PROPERTY TAX:  California in 2015 ranked 14th highest in per capita property taxes (including commercial) – the only major tax where we are not in the worst ten states.

“IMPACT FEES” ON HOME SALES:  Average 2012 CA impact fee for single-family residence was $31,100, 90% higher than next worst state.

“CAP AND TRADE” TAX:  CA has now instituted the highest “cap and trade” tax in the nation – indeed, the ONLY such U.S. tax.

SMALL BUSINESS TAX:  California has a nasty anti-small business $800 minimum corporate income tax,

CORPORATE INCOME TAX:  CA 2016 corporate income tax rate (8.84%) is the highest west of Iowa (our economic competitors) except for Alaska.

BUSINESS TAX CLIMATE:  California’s 2015 “business tax climate” ranks 3rd worst in the nation – behind New York and anchor-clanker New Jersey.

LEGAL ENVIRONMENT:  The American Tort Reform Foundation in 2015 again ranks CA the “worst state judicial hellhole” in U.S. – the most anti-business.

FINES AND FEES:  CA driving tickets are incredibly high. Red-light camera ticket $490. Next highest state is $250. Most are around $100.

OVERALL TAXES:  Tax Foundation study ranks CA as the 4th worst taxed state.

UNEMPLOYMENT:  CA is tied for the 8th worst state unemployment rate (December, 2015) – 5.9%. National unemployment rate 4.9%.

EDUCATION:  CA public school teachers the 3rd highest paid in the nation.  CA students rank 48th in math achievement, 49th in reading.

California’s real poverty rate (the new census bureau standard adjusted for COL) is easily the worst in the nation at 23.4%.

California has the 2nd lowest bond rating of any state

TRANSPORTATION COSTS:  CA has 2nd highest annual cost for owning a car

OUT-MIGRATION:  California is now ranked as the worst state to retire in.

Rally Sally
The Time Has Come For 51!

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Supreme Court won’t hear Alaska’s challenge to Forest Service ‘roadless rule’

Federal gov & land grabs, Forestry & USFS, Lawsuits

PNP comment: Bummer! The roadless rule is a huge problem in California too. — Editor Liz Bowen

Erica Martinson

Alaska Dispatch News

March 28, 2016

WASHINGTON — The Supreme Court on Monday declined to hear a case brought by the state of Alaska over the so-called Forest Service “roadless rule,” ending a major long-running court battle over the state’s attempts to be exempt from the logging regulation.

The state had asked the Supreme Court to consider reversing a lower-court decision that tossed Alaska’s “exemption” from a regulation barring road-building in protected forest areas. While the high court’s decision is a major setback for the state, a similar effort to overturn the rule is still brewing in another federal court.

The roadless rule originally went into effect in 2001, at the end of the Clinton administration. It barred the Forest Service from building roads and cutting timber on 58.5 million acres nationwide. In Southeast Alaska, it set aside 9.3 million acres of the 17 million-acre Tongass National Forest and nearly all of the 5.4 million-acre Chugach National Forest.

The state challenged the rule in court and settled with the Forest Service in 2003, when the George W. Bush administration agreed to craft an exemption for the Tongass National Forest.

But that exemption did not last.

The Tlingit Native Village of Kake and several environmental groups fought the Alaska carve-out and won — in District Court in 2011, and then at the 9th U.S. Circuit Court of Appeals. The courts ruled that while new administrations often have the legal right to make policy changes, the Bush administration didn’t provide sufficient factual reasoning for coming to a different conclusion on Alaska forest protections.

The state brought the case to the Supreme Court, arguing that legal precedent says “different values and priorities are a legitimate reason for a new administration to change the policies of its predecessor.”

But the federal government told the Supreme Court it shouldn’t bother taking up the case, given a separate, ongoing lawsuit over the roadless rule and efforts since 2010 to revise the management plan for the Tongass National Forest.

That argument presumably won out, as the Supreme Court announced in an order released Monday that it would not hear Alaska’s appeal.

Alaska assistant attorney general Cori Mills said Monday that though the Supreme Court denied the state’s petition, “this is not the end of our challenge of the roadless rule and its application to Alaska.”

The state still fears a negative impact on the local economy, Mills said.



In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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Klamath Basin Crisis.org news 3-26-16

Klamath Basin Crisis.org

KBC News

March 27, 2016

Please go to the website to click on these links for the articles.


Matthew 28: 1:8 “Now, after the Sabbath, as the first day of the week began to dawn, Mary Magdalene and the other Mary came to see the tomb. And behold there was a great earthquake; for an angel of the Lord descended from heaven, and came and rolled back the stone from the door, and sat on it. His countenance was like lightning, and his clothing as white as snow. And the guards shook for fear of him, and became like dead men. But the angel answered and said to the women, “Do not be afraid, for I know that you seek Jesus who was crucified. He is not here; for He has risen, as He said.  “Come, see the place where the Lord lay. And go quickly and tell His disciples that He is going before you to Galilee; there you will see Him. Behold, I have told you.” So they went out quickly from the tomb with fear and great joy, and ran to bring His disciples word.” Sent by Frank Tallerico 3/27/16


Whitsetts appreciated for their work, Letter to the editor by Earl Wessel, Chiloquin for H&N, posted 3/27/16.


Klamath County Commissioners’ letter to FERC regarding Klamath Dam Relicensing Project, posted to KBC 3/27/16. “The Klamath County Board of Commissioners is extremely concerned over the possible Klamath River Dam relicensing versus removal process…There have been numerous studies completed with again, contentious, debatable results…”


Klamath Dams and Oyster Farm: The President’s Unfinished Promise: The Federal Government Still Lacks a Meaningful Scientific Integrity Policy, Huffington Post by Dr. Corey Goodman, elected member of the National Academy of Sciences, biotech entrepreneur and venture capitalist, and retired University of California at Berkeley biology professor. Posted to KBC 3/27/16. “..When the Obama administration came into office, it began considering a billion-dollar project to remove four dams on the Klamath River. There was never much doubt about the outcome: in 2009, Interior Secretary Salazar said that the proposal to remove the dams ‘will not fail.‘…First, Interior’s policy provides no transparency, timeliness, and truly independent review. Second, it fails to deal with agency conflicts of interest. Third, it has no requirement to correct egregious errors. And fourth, it provides no accountability – no way to appeal decisions either administratively or in the courts…”

Letter from Author Elaine Willman, introducing her new book ‘Slumbering Thunder’. “In 2016 with the escalated expansion of the Executive Branch federal agencies, BIA, BLM, USFW, BOR, etc… NOW is the time to become informed and push back on the federal government over-reaching in our Western states. Both of these books will help; Slumbering Thunder is a specific reference tool for pushing back.” HERE is KBC News webpage for Elaine Willman


KBRA/KHSA Special Interest Stench Follows Write-In Candidates, A Smith, KlamathNews.com, posted to KBC 3/2716. “Now think about the write-in candidates that challenge Dennis Linthicum for the State Senate and E. Werner Reschke for State Representative. A group of self-appointed people met in private to draft candidates…It is no coincidence advocates for the KBRA are also the same people who have drafted these write-ins. This special interest group is also encouraging Democrats and Independents to switch to the Republican party for the primary. People are not switching because they are changing their political views and now want to become Republicans, but to help steal the Republican nomination away from conservatives — the base of the Republican party and the base of this community.”


California Farm Bureau Federation Friday Legislative Review, posted to KBC 3/27/16. “The State Water Board submitted the emergency regulation they adopted in January to the Office of Administrative Law (OAL) this week. The emergency regulation requires all surface water right holders and claimants to report their diversions annually…”


PRESS RELEASE – Rep. LaMalfa Urges Forest Service Chief to Accelerate Forest Management Projects, Fight Frivolous Lawsuits, posted to KBC 3/27/16


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Criminal Counter Suit May Expose Criminal Conspiracy in LaVoy Finicum Murder, Including Oregon Governor

Bundy Battle - Nevada, Bureau of Land Management, Constitution, Federal gov & land grabs, LaVoy Finicum, Lawsuits, Liberty

Freedom Outpost.com

im White

I am normally not one to make predictions, but if I had to make one about the criminal conspiracy surrounding the murder of LaVoy Finicum, I would have to predict that the institutional corruption within Oregon is soon to be openly exposed. This is no small matter, since the corruption appears to reach all the way to the highest levels of government.

As recently reported on NorthWest Liberty News, Pete Santilli and Joseph O’Shaughnessy have filed similar, pre-trial discovery requests that should certainly make all of those involved the criminal conspiracy to kill LaVoy Finicum more than a bit nervous.  On the heels of the motions outlined above, Shawna Cox has filed a criminal counter-suit against all of the people involved in the same criminal conspiracy, including Governor Kate Brown.  I have included a portion of the official court document below:




MORE at below link —

Criminal Counter Suit May Expose Criminal Conspiracy in LaVoy Finicum Murder, Including Oregon Governor

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