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One to Watch (AG Strikes Back Against the Fourth Branch Empire)

26 March 2014 @ 14:07

Special Guest post by Adobe Walls.

Oklahoma’s attorney general has filed what could become a landmark lawsuit against the U.S. Fish and Wildlife Service, arguing the so-called "sue and settle" procedure for listing animals and plants on the endangered and threatened list violates the federal Endangered Species Act.

That most encouraging gem was reported by Stephen Moore at on 03/17/2014.

The attorney general charges that "by entering into private settlements with special interest litigants, (the Fish and Wildlife Service) has attempted to circumvent the legislative and regulatory process and make fundamental changes to its (Endangered Species Act)-imposed obligations."

To my admittedly limited knowledge this is a first and only push-back by a State AG against “Sue and Settle”.

‘Sue And Settle’

Under the Obama administration, the feds have entered into a consent agreement with the environmentalists to rush forward a judgment on an unprecedented number of species. A 2012 Chamber of Commerce study found record numbers of such "sue and settle" cases under Obama.

More from Stephen Moore:

Bureaucrat Lawbreakers

In an interview, Pruitt told IBD that "the sue-and-settle timelines force the FWS to make determinations without a thorough review of the science. This violates the original statute requiring sound science before listing species" as endangered.

Pruitt also claims the Fish and Wildlife has broken federal law by "ignoring state and local conservation measures" in the affected states with millions of private and tax dollars invested.

The Energy Producers Alliance, another energy group, charges "sue and settle has been abused, and the process is not in conformity with the federal statute. They simply ignore the science needed to make a legitimate determination" of whether a species is truly endangered.

Private industry also complains that these settlements are often made in cozy behind-closed-door dealings between green groups and the Obama administration, with no representation from state and local officials, or the affected industries.

This type of “behind-closed-door dealings” between what this Administration likes to call “stake holders” has been occurring between NGOs and Fourth Branch Departments for decades though the nefarious collusion of the EPA or in this case Fish and Wildlife and enviro-fascists has perhaps been the most egregious.

Many energy industry officials believe an administration openly hostile to fossil fuel development is using the Endangered Species Act as an excuse to withdraw potentially millions of acres of prime oil and gas lands from production.

Green groups like the Center for Biological Diversity make no secret on their website of their desire to shutdown local oil and gas drilling in order to combat global climate change.

There are currently some 300 species that are now being considered for addition to the endangered species list, thanks to the sue-and-settle racket. In addition to the prairie chicken, the sage grouse, another pheasant that populates the western states, is also under consideration for inclusion on the Endangered Species List.

According to the Resources First Foundation, a group that represents industry interests, "millions of acres of land could be removed from drilling, farming, ranching, and mining" if these birds are designated as facing extinction.

I doubt most of these enviro-fascists would know a prairie chicken from a Veloci-raptor let alone the difference between a prairie chicken and a Rhode Island Red.

Here we get to the real agenda – once again, IBD [emphasis mine]:

Under one proposed rule, if an endangered bird is discovered it would trigger a four-mile radius habitat protected zone. That means no mining, drilling or farming.

"We are talking about potentially millions of acres being removed," says Amos Eno, a former Fish and Wildlife official and now president of Resources First Foundation.

"Much of this land," he warns, "is on private property."


Many Westerners remember the 1980s and 1990s when the spotted owl was used all too successfully by the environmental groups to try to shut down the timber industry in Oregon and California.

So there we have it. Not content to deny us access to the God given resources trapped on and under Federal lands (the prevalence of Federal lands is unjust and discriminatory toward the people living in western states. No justice no peace should be their motto but that’s another topic for another time) the enviro-fascists and other anti-capitalists want to prevent you from benefiting yourself and this nation by making the most of your private property. Apparently there is a dearth of yard puddles in Oklahoma and other Western states requiring the use of the old “endangered species” gag

Why is this a Big Fucking Deal? Well first it will be a catastrophic setback if this suit is lost by the plaintive. If a court endorses “sue and settle” and anything less than finding for the plaintive on all particulars would be exactly that, would open the floodgates. Within a decade every square centimeter of federal land would be off limits due to the discovery of some bird, bug, beast or plant that is added to the endangered list. If that happened our only recourse would be repealing the Endangered Species Act, a worthy goal in and of itself but not going to happen.

The ultimate objective of the left is to control our lives in every respect. One way to facilitate this is by sustainable development which will eventually requires herding us all into cities and taking away our cars, without a car government transit determines where you can and cannot go. The Khmer Rouge screwed up their back to nature campaign by driving everybody out of the cities. I suppose this is the left’s idea of learning from history

This would also be a BFD if the plaintive prevails. This suit is an excellent example of the proper role of IGs in government. Previously I wrote here in Re-Redesigning The System – Part 2 of 4 outlining briefly how the federal IGs could be used in shermanizing the Fourth Branch. While I don’t expect the various IGs to go after the environmental movement and their department allies without considerable pressure from the white house or congress the violence done to rule of law and due process that “sue and settle” is, is exactly what the Inspectors General are there for. It’s not supposed to be left up to state IGs to insure that federal laws and regulations pertaining to how federal departments write and implement regulations authorized by legislation. The federal IGs write reports but do any of them lead prosecutions or civil service penalties? Earlier this month Justin Sykes reported on EPA employees misuse of “company” credit cards.The EPA’s IG wrote a report just like in 2008. More on that another time.

The founders envisioned the states as but one of several bulwarks protecting us from federal power it appears that the “several states” may be the only protection we have left. This is but one of many examples of why elections for state and local offices are potentially more important to retaining our liberties than national elections.

  1. 26 March 2014 @ 20:46 20:46

    Reblogged this on That Mr. G Guy's Blog.

    • Adobe_Walls permalink
      26 March 2014 @ 23:31 23:31


  2. Starless permalink
    27 March 2014 @ 08:02 08:02

    You talk about the feds, but I’ve watched over the years as locals have used this kind of regulation as a hammer with which to beat up their neighbors. Did you save up for 30 years to buy that little piece of lake property? Well you better watch your ass building on it because if you mistakenly encroach on a designated “wetland” a few inches and someone from the local enviro-cadre catches wind of it, you may find yourself caught up in litigation for years and eventually tearing down the structure you spent hundreds of thousands of dollars to build. (I’ve seen this very thing happen within the last couple of years.) All based on the premise that there’s the off-chance that in a hundred years your building might make a subspecies of frog uncomfortable or a duck with unusual plumage might have to find somewhere else to lay its eggs.

    They’ll tell you that it’s all about a sincere desire to save the Earth, but AFA I can tell, it’s really about giving aging busybody Boomers a hobby for their retirement and having you pay for it.

    So, yeah, there’s the broader power struggle at the federal level and the crime of the impersonal federal gov’t dictating rules to localities, but there’s also an in-your-face power struggle at the local level whose consequences are more immediate and drastic.

  3. Storm Saxon's Gall Bladder permalink
    27 March 2014 @ 10:26 10:26

    The purpose of the EPA and the Endangered Species Act
    is not to suppress land use in order to protect nature,
    is is to use nature as a reason to suppress land use.
    Spotted owls and arbitrarily declared wet lands are just tools
    to place land under control of the state.
    (The forest service has drifted into this state of mind, bu the EPA
    was founded from the start as a pack of Communists out to seize
    the means of production from the proletariat, to use their own terms.)

    • Adobe_Walls permalink
      27 March 2014 @ 16:20 16:20


  4. 27 March 2014 @ 23:09 23:09

    “The ultimate objective of the left is to control our lives in every respect.” Yes, it’s that plus more. Their objective is to end our lives. Control of our lives is the means to end them. Human die-off is their objective, 80% globally is their ideal. Herding into cities — regions they call them — is a means to eliminate states. But also a means to eliminate humans. The human die-off is the objective, the Holy Grail of the Nature Religion of Eco-Fascism. It ain’t gonna to happen. But it’s gonna look like it will.

    • Adobe_Walls permalink
      28 March 2014 @ 00:26 00:26

      I don’t think the left will get to implement that 80% policy. The time for “a candid exchange of views” will preempt that. The die off will still be considerable but I doubt the left will consider it “ideal”.


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