Marita: Rolling back the tide of big government overreach

Can we really be so lucky?  Marita thinks so.  Read below to find out what Marita thinks.

Greetings!

Several weeks ago, a federal judge overturned the Obama administration’s 2014 listing of the lesser prairie chicken (LPC) as a threatened species. At the time, I thought about writing on it, even assumed it would be my column for that week. But, another news story caught my attention—and not that many average citizens really care about the LPC anyway. With every week that passed, other stories took precedence and the LPC became a stale topic.

However, this week, I’ve connected some dots—as I like to do— with the LPC decision to create: Rolling back the tide of big government overreach (attached and pasted-in-below).

Back in August, I wrote on WOTUS. Since then, including the LPC and WOTUS decision, there have been five distinct victories for responsible land use. While it does make for a long column, I address them all in Rolling back the tide of big government overreach. The other three are the hydraulic fracturing rule, the sage grouse, and the wolf reintroduction.

I am writing this introduction from the Annual Meeting of the New Mexico Oil and Gas Association where I have been able to share this good news with many of the attendees. When you string these five stories together, as I have done, it does offer encouragement.

Please post, pass on and/or personally enjoy Rolling back the tide of big government overreach.

Marita Noon 2015 Turquiose

Marita Noon

Executive Director, Energy Makes America Great, inc.

PO Box 52103, Albuquerque, NM 87181

505.239.8998

For immediate release: October 5, 2015

Commentary by Marita Noon

Executive Director, Energy Makes America Great Inc.

Contact: 505.239.8998, marita@responsiblenergy.org

 

 

Marita

The reason most often cited for the success of the nonpolitical candidates is the frustration with Washington; the sense that the system is broken. Voters feel that we have no control and that government has gone wild. Even people who don’t watch the news or closely follow politics are aware of the “overreach.” It seems that, perhaps, the messages the outsiders have been heralding on the trail has caught on.

Washington’s overreach has been rolled back—by courts and commissioners and, even, in response, the government itself. In little more than 30 days, there have been five distinct cases that you may have missed—each, a victory for responsible land use.

WOTUS

First was WOTUS, or the Waters of the U.S. rule—which was scheduled for full implementation on, Friday, August 28. WOTUS attempted to greatly expand the federal government’s authority over water and land and could apply to ditches, streams, wetlands and small isolated bodies of water. Late on Thursday, August 27, U.S. District Judge Ralph Erickson issued a temporary injunction sought by North Dakota and 12 other states. In his decision, Erickson wrote: “Once the rule takes effect, the states will lose their sovereignty over interstate waters that will then be subject to the scope of the Clean Water Act.” Calling the rule “arbitrary and capricious,” he declared that the EPA “violated its congressional grant of authority in its promulgation of the rule.”

Undaunted, the Environmental Protection Agency (EPA) pushed back, stating that the rule only applied to the thirteen states that requested the injunction. For the remaining 37 states, the EPA is enforcing the regulation as planned. At least 10 lawsuits—including 29 states and 14 agricultural and industry organizations—have been filed in federal district court challenging the rule.

Constitutional and environmental law professor, Jonathan H. Adler, addressed WOTUS in the Washington Post, saying: “As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. In this case, the district court concluded that the states were likely to succeed on the merits as the EPA had adopted an ‘exceptionally expansive’ view of its own jurisdiction under the CWA.”

Perhaps, as you’ll see, if the WOTUS deadline was a month later, the EPA may not have been so bold in its assertion that it would continue to enforce the rule. But, then again, this is the Obama EPA.

Lesser Prairie Chicken

Once again, a federal agency has been acting “arbitrarily and capriciously.” This time, it is the U.S. Fish and Wildlife Service (FWS). On September 2, U.S. District Judge Robert A. Junell overturned the Obama administration’s 2014 listing of the lesser prairie chicken (LPC) as a threatened species, which gave the bird protection under the Endangered Species Act (ESA) and limited land use in five states.

Citing the “more than 180 oil and gas, pipeline, electric transmission and wind energy companies” that had enrolled in voluntary conservation plans, The Permian Basin Petroleum Association challenged the listing, as soon as it was finalized.

The FWS is required to consider the conservation plans. The court determined that FWS “did not properly consider active conservation efforts for the bird when listing it.” Junell wrote: “The Court finds FWS did conduct an analysis, however this analysis was neither ‘rigorous’ nor valid as FWS failed to consider important questions and material information necessary to make a proper evaluation.”

Addressing the LPC decision, The National Law Review, states: the “ruling raises important questions about the upcoming Service decision whether to list the greater sage-grouse under the ESA. A sage-grouse decision was due on September 30.

Representative Rob Bishop (R-UT), Chairman of the House Natural Resources Committee, sees that the FWS “has been illegally steam rolling states by their own secret rules.” He added: “The Obama administration has been merciless in its quest to list species—even when the science says otherwise.”

Hydraulic Fracturing Rule

On September 30, another federal district court judge smacked down another federal agency—this time the Interior Department’s Bureau of Land Management (BLM), which, in March, issued federal fracking rules designed to spur states to follow suit (most energy-producing states already regulate fracking). BloombergBusiness states: “There are more than 100,000 wells on federal land making up 11 percent of the nation’s natural gas production and five percent of its oil.” The rule, if implemented and adopted by states, as hoped for by the administration, would magnify the impact, “potentially slowing development of oil and natural gas resources”—which is likely the goal. As a result, BloombergBusiness adds, producers “would have faced higher costs at a time when profits already are strangled by low crude prices.”

In his 54-page decision, Wyoming’s U.S. District Judge Scott Skavdahl wrote: “Congress has not authorized or delegated the BLM authority to regulate hydraulic fracturing and, under our constitutional structure, it is only through congressional action that the BLM can acquire this authority.” He issued a preliminary injunction barring implementation of the rules, “finding that those suing had a good chance of winning their case and getting a permanent order barring enforcement.”

Different from the EPA’s arrogant decision to move forward with implementing WOTUS, a BLM spokeswoman, according to the Wall Street Journal, said: “While the matter is being resolved, the BLM will follow the Court’s order and will continue to process applications for permit to drill and inspect wells sites under its pre-existing regulations.”

Kathleen Sgamma, vice president of government and public affairs at Western Energy Alliance, a party to the lawsuit against the government, is overjoyed to finally be “getting relief from the courts regarding the regulatory overreach of the Obama administration.” She added: “We hope the BLM, EPA and other agencies that are rushing to implement even more regulations on the very businesses that create jobs will pause and actually follow the law and regulatory procedure.”

“The case will proceed to a final resolution,” BloombergBusiness reports, “probably early next year.”

Wolf Reintroduction

Ranchers in and around New Mexico’s Gila Forest have been fighting the federal government’s plan to release “another dozen or so Mexican grey wolves.” Already, in the region, wolves since their introduction in 1998 have killed livestock, and children waiting for the school bus often do so in cages for protection. I’ve written on the sad tale several times.

On September 29, in a 7-0 vote, concerned about the impact to ranchers and elk hunters, the New Mexico Game Commission upheld an earlier decision denying the FWS permits to release Mexican wolves into federal land in southwestern New Mexico.

“Federal policy requires FWS to consult state agencies and comply with their permitting processes when releasing endangered animals from captivity,” Science Magazine reports, “even when releases are made on federal land.”

In June, according the Santa Fe New Mexican, “New Mexico Game and Fish Department Director Alexandra Sandoval rejected a federal permit for the Mexican wolf program because she said the FWS lacked a detailed plan to release up to ten captive wolves in the Gila National Forest, leaving her without enough information on what effects the predators would have on deer and elk populations.”

In response to the decision, Game Commissioner Elizabeth Ryan of Roswell, NM, said she and her colleagues could only overturn the director’s decision on the wolf permit if they found it “arbitrary and capricious.”

Sage Grouse

This string of recent decisions may have been noticed by the Obama administration. On September 22, after years of debate, and after the LPC listing was overturned, Department of Interior (DOI) Secretary Sally Jewell announced that the sage grouse would not be listed under ESA. The Washington Post reports that “the chicken-like grouse does not meet the required standard because a collaboration of federal agencies, states, ranchers, industry and environmental groups has already begun to restore areas where it breeds.” “According to state fish and game agencies,” Kent Holsinger, a Colorado attorney specializing in lands, wildlife and water law, told me: “sage grouse populations have risen 63 percent over the past two springs.”

An ESA listing would “significantly limit future development.”

The ESA, Brian Seasholes, director of the endangered species program at the Reason Foundation, states: “has a well-deserved reputation for putting severe restrictions on otherwise normal and legal forms of land and resource use, such as farming and energy development.” In an op-ed in The Hill, he adds: “When a species is listed under ESA, landowners can face steep fines, penalties and land use controls that can devalue their property.”

While environmental groups see the decision as a victory for “industry and its supporters,” others, such as Utah Governor Gary Herbert—who estimated Utah would lose more than $40 billion in economic production from oil and gas if the sage grouse were listed—are still not happy.

Rather than listing the sage grouse—which would likely be overturned in court—the DOI’s BLM has released a plan to implement more than 90 land use strategies. Herbert sees that the federal government rejected the successful sage-grouse conservation plan and says the land use plans that govern use of over 60 million acres of federal land “constitute the equivalent of a listing decision outside the normal process.” He calls the plans “a significant overreach by the federal government.” Bishop agrees: “Do not be fooled. The announcement not to list the sage-grouse is a cynical ploy… With the stroke of a pen, the Obama Administration’s oppressive land management plan is the same as a listing.” The land-use restrictions have been decried as “every bit as rigid as could be expected under ESA.”

While “the West’s sage-grouse worries are far from over,” I see that, when combined with the aforementioned stories, the unwarranted decision is still welcome news. Land-use plans will be easier to revise under a new administration than removing an ESA listing. But, more importantly, I view it as a recognition that big government overreach has reached its limits.

The good news about having so many reform-minded outsiders running for president is that they are like a band of crusaders spreading the message of big government overreach far and wide. That message is, apparently, being heard. Voters are, hopefully, ready for responsible land use. The tide is being rolled back.

The author of Energy Freedom, Marita Noon serves as the executive director for Energy Makes America Great Inc. and the companion educational organization, the Citizens’ Alliance for Responsible Energy (CARE). She hosts a weekly radio program: America’s Voice for Energy—which expands on the content of her weekly column. Follow her @EnergyRabbit.

Ben Shapiro: The Ferguson days of rage

 

In his piece from CNS News, Ben Shapiro minces no words with his report on the Ferguson fiasco of the recent past and that which is to come:.

This week, America held its collective breath as it waited on the grand jury indictment verdict for Officer Darren Wilson. Wilson, you’ll recall, had the misfortune to run into 6’5″, 289-lb. Michael Brown, an 18-year-old black man who had just finished strong-arm robbing a convenience store.

Wilson pulled over Brown as he and his accomplice walked in the middle of the street; all available evidence shows that Brown then pushed himself through the driver’s side window, punched Wilson, went for his gun, was shot in the hand, ran, turned around, charged Wilson, and was shot to death.

But that doesn’t matter. And it has never mattered. Because facts do not matter to those attempting to rectify what they perceive as an unjust universe. For those utopian visionaries – and, yes, violent thugs who rob stores are minions of the utopian visionaries — individuals do not exist. Individuals are merely stand-ins for groups.

Wilson was a white cop; therefore, he was the Racist White Establishment. Brown was a black teenager; therefore, he was the Innocent Black Victim. The parts have already been written; Wilson was merely unlucky enough to land the starring role.

And so we expect riots no matter what the outcome of the indictment. Should Wilson escape indictment due to complete lack of evidence, the utopians and their rioting henchmen will attribute that acquittal to the Racist White Establishment. Should he be indicted, the utopians and their rioting henchmen will cite Wilson as merely the latest example of the Racist White Establishment. No matter the antecedent, the consequence has been determined in advance: rage, riots, recriminations.

If all of this sounds familiar, that’s because it is.

Read the rest here

Repost: Not April Fool’s … But Close

English: I took photo with Canon camera in Lib...

English: I took photo with Canon camera in Liberal, KS. (Photo credit: Wikipedia)

By Chuck Ring (GadaboutBlogalot ©2009 – 2010)

Quote Freely From The Article – Leave The Pseudonym Alone

In an online article San Diego NBC television reports scientists (my emphasis) at Harvard and University of California at San Diego have reported the discovery of a Liberal gene. Now, I have often pondered the amazement of it all; that is, why anyone would choose  a Liberal conscience.  Now science purports to provide me an explanation to the puzzle and the Liberals an excuse for being.  Eric S. Page in his reports says:

Researchers have determined that genetics could matter when it comes to some adults’ political leanings.

According to scientists at UC San Diego and Harvard University, “ideology is affected not just by social factors, but also by a dopamine receptor gene called DRD4.” That and how many friends you had during high school.

Looking at the last sentence just above, I have to admit that not all the young women in my high school class asked me to escort then to the prom (in fact none did) and I never was placed in the role of a hero, mentor or good-time Charlie by my male counter-parts.  But, I was well-liked and respected most of the time, so I have to take exception to the sentence.  Although I am not a trained scientist, I am a trained country boy  and I have to say this finding is complete and utter (possibly udder) bull butter.  In my mind there is simply no valid excuse for anyone to be cited as a Liberal or Progressive.  I do not believe, and my mind is closed to the possibility that our Creator would be so cruel as to make a Liberal on purpose.  It could be that the scientists aren’t blaming the Creator or even giving Him a role in the Liberals’ manufacture or heaven forbid, even know Him.  Yet, one of the scientists has the following to say:

“It is the crucial interaction of two factors — the genetic predisposition and the environmental condition of having many friends in adolescence — that is associated with being more liberal,” according to the study.
Look, it is hard enough for me to accept anthropological (anthropogenic, as my scientist friend corrects) climate change/global warming and I sure have difficulty accepting this report as anywhere close to valid.  What I do count it as is a monumental waste of your and my money.  I wonder how much was spent on the study?  We know a penny would have been too extravagant.  Here’s the last paragraph of Mr. Page’s story:

“These findings suggest that political affiliation is not based solely on the kind of social environment people experience,” said Fowler, who is a professor of political science and medical genetics.

The researchers also said their findings held true no matter what the ethnicity, culture, sex or age of the subjects were.

I keep waiting for someone to slap me to wake me from this horrible dream.  So much for that, it’s not going to happen.

Thanks and a flap of the cap to Mr. Page and NBC San Diego.  Read the complete story here.  And follow the Fox News link below for a broader story.

Related Articles

This article was first posted in 2010.  But it was not posted on April 1, 2010.
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Will Pacifica Radio Be Mourned

Fair Use Statement

Super-progressive radio is enjoyed by many around this increasingly “blue,” planet. For Pacifica radio, the gig may be coming to a close.  Here’s one story saying so:

For Pacifica Radio, the Revolution is Ending

Far-left KPFK, otherwise known as Pacifica Radio, has been broadcasting progressive propaganda throughout California, and across the world, for many years. (In South Africa, where I lived for several years, you could hear archival Pacifica broadcasts by Noam Chomsky and other radicals late at night on community stations like Bush Radio.) Now, however, Pacifica may be collapsing from within, according to Hillel Aron of L.A. Weekly.

Part of the problem, Aron reports, is a highly public dispute with the network’s executive director, Summer Reese, who was fired but has “occupied” the building. Ratings are also low: “During an average 15-minute period, just 700 people listen to its Los Angeles station, 90.7 FM KPFK, for at least five minutes…Pacifica’s New York station, WBAI, is even worse off.” And the feds are cutting off grant funds because of shoddy accounting.

The whole drama is reminiscent of Monty Python’s The Life of Brian, where rival factions of Jewish resistance groups are too busy fighting each other to resist the Romans. (The L.A. Weekly article was forwarded to me by a correspondent who noted, laughingly: “American left in a Pretzel, all the conflicts wrapped in 1 radio station.”)

The station itself is divided into factions, Aron says, one of which favors news while the other prefers spiritual programming. Aron provides a classic quote (language warning):

“If you fired half the staff around here, it would work better,” [host] Masters says. “They’re just useless people with no work ethic — they don’t give a f— about anything. They act like they’re doing you a favor if they get the program up without glitches. It’s surreal.”

Masters also cites factions on the board: the “Radio Havana” group and the “conspiracy and quackery crowd.”

Continue on to the finish by clicking right here.

 

 

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Concealed Carry In Round House In Peril

——– Original Message ——–

Subject: Proposals to ban concealed carry in the State Capitol
Date: Tue, 4 Feb 2014 18:04:29 -0500 (EST)
From: training@frankp.us <training@frankp.us>
Reply-To: training@frankp.us
To: md@wksummers.com

nmccw
Contact representatives in opposition to proposals banning concealed carry in State Capitol

NOTE: HR 3 has been set for a hearing in House Judiciary at 1:30pm this Wednesday!

Senate Resolution 1 and House Resolution 3 by Sen. Peter Wirth (D – Santa Fe) and Rep. Brian Egolf (D – Santa Fe) have been introduced in the 2014 session to amend Senate and House rules and ban the carrying of firearms by anyone except a law enforcement officer almost everywhere in the State Capitol. This includes persons licensed to carry a concealed handgun by the State of New Mexico.

Normally, bills which don’t relate to the budget are not germane to the 30-day session and therefore not eligible for consideration. Absent a message from the Governor, they are usually never even debated. But certain types of measures — including constitutional amendments, resolutions and memorials — do not need an executive message and may be considered during the fiscal session. This includes SR 1 and HR 3.

More often than not, committee hearings run late into the evenings during both the 30 and 60-day sessions held in odd-numbered years. Citizens who come to the Capitol to participate in the legislative process often have to return to their parked vehicles well after dark. While we commend the work the New Mexico State Police do to keep the Capitol complex secure, we simply cannot — and should not — be made to rely on them for our own personal security.

SR 1 has been referred to the Senate Rules Committee. Please contact committee members and urge them to oppose SR 1 for the reasons stated above. (Link to Senate Rules Committee)

HR 3 has been referred to the House Judiciary Committee. Please contact committee members and urge them to oppose HR 3 for the same reasons. (Link to House Judiciary Committee)

Frank
newmexicoccw.frankp.us

NM Concealed Handgun License Renewal / Refresher

April 27, 2014, May 18, 2014, August 10, 2014, December 14, 2014

NM Concealed Handgun License Full 15-hour Course

May 24 & 25, 2014, June 28 & 29, 2014, July 26 & 27 2014, September 27 & 28, 2014
New Mexico CCW | training@frankp.us | http://newmexicoccw.frankp.us
505.490.6499
Santa Fe, NM 87506
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This email was sent to md@wksummers.com by training@frankp.us |
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Blood On Their Hands — Scat On Their Brains

There is nothing; absolutely nothing, more despicable than individuals attempting to claim transparency and truth when their records show they are as slick as an octopus escape artist . 

Obama-Biden Transition

Obama-Biden Transition (Photo credit: Wikipedia)

Whether the deception deals with Fast and Furious, Benghazi or improper IRS targeting they can’t hide all of the lies by themselves.  They have to have a willing and compliant cache of media types to aid their escape from responsibility.  Since most of the media deceivers are well-practiced Obama, Holder and Hillary just happen to have their cadres of media allies.

Here is a new article from FrontPageMag.com.  Just click the link below:

Scat On Their Brains

Hillsdale College Presents: Progressivism

Hillsdale College College makes this lecture available on their website and we are pleased to present it here:

Hillsdale College photo from, A consecrated li...

Hillsdale College photo from, A consecrated life, a sketch of the life and labors of Rev. Ransom Dunn, D. D., 1818-1900 (Photo credit: Wikipedia)

 

 

Emulating Tumblebugs Could Help Cover Progressive Scat

We are posting this piece to train folks to think outside of the “piles” of scat words left by progressives such as Chris Matthews, Nancy Pelosi, Harry Reid and others inclined to talk scat.

If you have lived around livestock or other animals, you may have happened upon a Tumblebug transporting food for itself and its progeny.  The Tumblebug is also called Scarab Beetle or Dung Beetle, the latter appellation should give a clue as to what Tumblebugs are working with and in for the duration of their time beginning when they hatch as larvae and begin their journey to “bughood,” or “beetledom.”  Stay with me.  This really is “molding,” into a correlation helpful to Conservatives.

In my mind, progressives can be assigned the role of a sphere of scat molded from the many stupid utterances they  pitch to Conservatives and other loyal Americans.  The Tumblebugs, assigned as clean-up crew, are akin to Conservatives arriving after a battle to bury the stinking progressives … somewhat as Obama did with terrorist Osama bin Laden.

There is a short 17 minute video found by clicking the link below.  If you access the link I’m certain you will find ways to continue the fight to rid the world of progressives — we just have to study beetles to beat the mammals bugging us.

So, advance Tumblebugs and rid the world of the piles of progressive scat tossed toward all areas of our formerly free Republic. Click below to watch an interesting piece of entertainment and education by Marcus Byrne on TED.com

The Dance Of The Dung Beetle

Don’t forget to follow related articles found below.

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