Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Land Rights Advocates Allege Bush Administration Betrayal
FOX News via SOUNDOFF ^ | 08-30-03- | By Kelley Beaucar Vlahos

Posted on 08/30/2003 6:58:26 AM PDT by AAABEST

WASHINGTON — Land rights advocates (search) are scratching their heads as to why the White House has asked the Supreme Court not to hear two cases challenging seven controversial national monuments named by President Clinton in the waning days of his administration.

During his race for president in 2000, then-Gov. George W. Bush campaigned against the monuments, giving hope to many western landowners who found their private property subject to strict federal protections.

Three years later, the monuments remain, encompassing millions of acres of land in places like Montana, Oregon, Nevada and Idaho, where the government already owns huge chunks of untamed wilderness. And some property owners are becoming disillusioned.

“They suggested during the campaign that they would overturn the most outrageous [proclamations], especially the ones that affected private landowners,” said R.J. Smith, adjunct scholar for the Competitive Enterprise Institute (search), who claims landowners were deceived into voting for Bush.

“The people who produce the fruit and fiber and so on of this country came out in unbelievable numbers against Al Gore (search). They thought George Bush was their salvation," Smith said.

With the Supreme Court undecided on whether to hear two lawsuits filed on behalf of Tulare County, Calif., and the Mountain States Legal Foundation (search), administration officials, now in the position of defending the White House, won't comment.

The attorneys in both cases argue that Clinton abused his power by designating 21 national monuments under the 1906 Antiquities Act (search), which provides federal protection to historic landmarks, structures and other objects of scientific or historic value. The cases argue in detail that former President Clinton gave broad, vague reasons why millions of acres in land should be given protected status.

For example, only 6 percent of the 30,000-acre Giant Sequoia National Park (search) created in California by Clinton houses the famous ancient trees, said Gary Stevens, attorney for Tulare County, where the park is located.

“The groves have always been subject to special protective status, dating back to the first Bush administration,” said Stevens. “We spell out in great detail why President Clinton failed to comply with the Antiquities Act. We need to have a court tell us we’ve raised legitimate questions and we deserve to argue our case on the merits.”

Two lower courts have dismissed the cases, ruling that they did not effectively argue that Clinton misused the Antiquities Act, and even if he did, the statute does not allow for judicial recourse. The White House pointed to these rulings as reason enough for the High Court to keep them off its docket.

"Even if petitioners had timely pleaded a claim that the president abused his discretion in applying the Antiquities Act standards to the designations at issue here, petitioners would not be entitled to judicial review of that contention,” wrote U.S. Solicitor General Theodore Olson (search) in a brief filed by the Justice Department in July. “Further review is not warranted.”

William Perry Pendley, attorney for the Mountain States Legal Foundation, which is challenging the designation of six monuments, said it sounds like the White House is protecting its authority, rather than following through with its own complaints against the Clinton designations.

“They could have just sent it back to the lower courts,” he said. “But there is a mentality in the Justice Department to win at all costs.”

Chuck Cushman, president of the American Land Rights Association (search), acknowledged that folks were disappointed that Bush didn’t try to reverse the proclamations, but said the administration has worked to relax some of the use restrictions on the designated lands, including timber, mining and recreation.

Bush has even talked about exploring such public lands for future energy production, drawing the ire of environmentalists.

“The emphasis is now on the flexibility in regulations, to allow the private owners to carry on with their activities,” which most often involve access routes and water rights, said Cushman.

Joy Crawford, a third generation rancher-farmer in Montana, whose land is surrounded by the property encompassed in the 377,246-acre Upper Missouri Breaks National Monument (search), said she has seen growing concerns by landowners regarding property access and water rights, though the bureaucracy has been slow in implementing permanent road closures and other crackdowns.

“I’m not sure [the administration] knows what is going on here,” Crawford said. “It’s kind of tough sometimes, because you don’t know what the future will bring.”

Land rights advocates said that leaving the monuments intact and instead opting to manage them better by relaxing regulations sounds good in theory, but will tumble like a house of cards if a more liberal president takes office.

“If Howard Dean (search) becomes president,” said Pendley, referring to the former governor of Vermont, who is running for the Democratic nomination for president, “the regulations will be rewritten and made worse.”

Stevens said the court will decide in September whether to hear the cases, and is dismayed that the White House has opposed them.

“We thought we were preaching to the choir, but it turns out we weren’t even let inside the church.”


TOPICS: Constitution/Conservatism; Extended News; Front Page News; News/Current Events; US: Idaho; US: Montana; US: Nevada; US: Oregon
KEYWORDS: administration; antiquitiesact; bush; bush43; bushdoctrine; doj; ecowars; environment; landgrab; nationalmonuments; propertyrights; rancher; soundoff; theodoreolson
Navigation: use the links below to view more comments.
first 1-2021-4041-49 next last

1 posted on 08/30/2003 6:58:27 AM PDT by AAABEST
[ Post Reply | Private Reply | View Replies]

To: farmfriend
ping
2 posted on 08/30/2003 7:02:55 AM PDT by Libertarianize the GOP (Ideas have consequences)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Carry_Okie; backhoe; Black Agnes; countrydummy; newriverSister; brityank; forester; marsh2; ...
Ping
3 posted on 08/30/2003 7:04:51 AM PDT by AAABEST
[ Post Reply | Private Reply | To 1 | View Replies]

To: AAABEST
Note how Bush always betrays his most ardent supporters.
4 posted on 08/30/2003 7:05:03 AM PDT by LarryM
[ Post Reply | Private Reply | To 1 | View Replies]

To: LarryM
Note how Bush always betrays his most ardent supporters.

One could understand such if it bought political favor, but it doesn't. What the Bushes don't understand is that the enviros in particular or left in general will not support them regardless of what they do.

5 posted on 08/30/2003 7:09:29 AM PDT by AAABEST
[ Post Reply | Private Reply | To 4 | View Replies]

To: AAABEST
...folks were disappointed that Bush didn’t try to reverse the proclamations, but said the administration has worked to relax some of the use restrictions on the designated lands,...

It took old Bildo five minutes with a pen to create this.
Why should the current administration have to work so hard to undo it?

Oh, I know, you have to re-elect them first.
6 posted on 08/30/2003 7:10:05 AM PDT by the gillman@blacklagoon.com (Let all the poisons that lurk in the mud, hatch out!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AAABEST
BTTT!!!!!
7 posted on 08/30/2003 7:11:14 AM PDT by E.G.C.
[ Post Reply | Private Reply | To 3 | View Replies]

To: All
R.I.N.O.s The Real Fifth Column
8 posted on 08/30/2003 7:14:49 AM PDT by Crusader21stCentury
[ Post Reply | Private Reply | To 1 | View Replies]

To: AAABEST
Rove at work.
9 posted on 08/30/2003 7:15:19 AM PDT by B Knotts
[ Post Reply | Private Reply | To 1 | View Replies]

To: AAABEST
Hey don't blame me. I didn't vote for either Clinton or the person who helped Clinton into office in the first place, Perot.

But you would rather go on your rants, rather than look at the point had their been no Clinton Presidency, no land grabs.

Bush is playing it smart, relaxing regulations slowly.

10 posted on 08/30/2003 7:22:03 AM PDT by Dane
[ Post Reply | Private Reply | To 1 | View Replies]

To: AAABEST
President Bush, I would like to know the answer to this one.
11 posted on 08/30/2003 7:23:15 AM PDT by freekitty
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dane
...Bush is playing it smart, relaxing regulations slowly...

Maybe he's hoping all the affected citizens will grow old and die off so he won't have to take any action.
12 posted on 08/30/2003 7:23:36 AM PDT by the gillman@blacklagoon.com
[ Post Reply | Private Reply | To 10 | View Replies]

Comment #13 Removed by Moderator

To: the gillman@blacklagoon.com
Chuck Cushman, president of the American Land Rights Association (search), acknowledged that folks were disappointed that Bush didn’t try to reverse the proclamations, but said the administration has worked to relax some of the use restrictions on the designated lands, including timber, mining and recreation.

Bush has even talked about exploring such public lands for future energy production, drawing the ire of environmentalists.

“The emphasis is now on the flexibility in regulations, to allow the private owners to carry on with their activities,” which most often involve access routes and water rights, said Cushman

Huh and if Gore was in, there would be even more land grabs.

Carry on with your rants.

14 posted on 08/30/2003 7:27:55 AM PDT by Dane
[ Post Reply | Private Reply | To 12 | View Replies]

To: AAABEST
Two lower courts have dismissed the cases, ruling that they did not effectively argue that Clinton misused the Antiquities Act, and even if he did, the statute does not allow for judicial recourse. The White House pointed to these rulings as reason enough for the High Court to keep them off its docket.

"Even if petitioners had timely pleaded a claim that the president abused his discretion in applying the Antiquities Act standards to the designations at issue here, petitioners would not be entitled to judicial review of that contention,”

These are the points I believe are important. The Solicitor General’s office is protecting Presidential Power.

They do not want a precedent set that would limit Presidential Power.

15 posted on 08/30/2003 7:28:00 AM PDT by Pontiac
[ Post Reply | Private Reply | To 1 | View Replies]

To: machiventa
To paraphrase with a twist. If the people are given a choice between a Democrat and a Republican acting like a Democrat

Huh, Bush is acting like a demo. Oh I guess Al Gore would be loosening restrictions on the land and electrical plants.

It is so funny watching you knee jerkers in action.

16 posted on 08/30/2003 7:29:49 AM PDT by Dane
[ Post Reply | Private Reply | To 13 | View Replies]

To: Pontiac
If true, Bush shouldn't have made promises he knew he wouldn't be able to keep.
17 posted on 08/30/2003 7:31:30 AM PDT by KantianBurke (The Federal govt should be protecting us from terrorists, not handing out goodies)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Pontiac
Clinton ordered this with the stroke of a pen.

If Bush was interested he could undo them with the stroke of a pen.

His consistent defense of Clinton's actions says more than all the howling of his defenders.
18 posted on 08/30/2003 7:38:47 AM PDT by the gillman@blacklagoon.com
[ Post Reply | Private Reply | To 15 | View Replies]

To: AAABEST
Just to be fair, I think we should declare national monuments in other states - how about seizing about half of the land area of NY, NJ, DE, CT, demolish all structures and restore the land to its pristine beauty.
19 posted on 08/30/2003 7:42:12 AM PDT by Ben Hecks
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ben Hecks
Shouldn't there be a beautiful park on the banks of the Potomoc, too?
20 posted on 08/30/2003 7:45:09 AM PDT by the gillman@blacklagoon.com
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-49 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson