I forwarded several emails to you to read so you can get an idea of what the Green Movement is about and what Klamath faces. The greens have been at it for about 30 years and are well-organized, funded, work hand-in-hand with governmental organizations, and want to kill all mining, lumbering, ranching, and hunting. They use various pieces of governmental legislation such as the Endangered Species Act ( ESA ) to achieve their goals-- environmentalism is a new world religion for them. The court decision by U.S. District Judge Ann Aiken is a real blow so appealing the decision would be a costly mistake. In the 1970's, in TVA v Hill, the U.S. Supreme Court ruled that the plain intent of Congress in enacting the ESA was to ".... halt and reverse the trend towards species extinction, whatever the cost."
Let me tell you a little about myself and then we will explore solutions. I was raised on a farm in LeGrand, Calif, have a Ph.D. in Zoology, spent off and on 35 years in Asia, and worked 18 years for the U.S. Fish & Wildlife Service-- 5 years in the Endangered species Program. So I have spent most of my life dealing with bureaucrats in China, India, Pakistan, and the U.S. In 18 years of Gov't work, I never had a decision ever overturned so I wasn't popular with the Greenies. Finally, the Greenies came after me, in cahoots with the Feds. I was charged with 9 felony counts and stood to be jailed for 30 years and a 5 million dollar fine. I spent 8 years of my life fighting 7 federal agencies who spent 18 million trying to convict me. I got dinged for a felony and received 2 years probation. I couldn't believe this was happening in America and under a favorable administration. I am very bitter to be convicted of a felony without ever violating any law, and nobody would help me. So I do know how to fight and survive !! The Klamath ranchers must develop a game plan and fight.
You can take my advise for what its worth:
1) Don't build your hopes on a political solution or on lawyers. The Bush Administration is in no position to help. Lawyers always want to run the show, they still collect their money even if you lose. An example, The Environmental Protection Agency ( EPA ) is trying to force General Electric to clean up the PCB's in the Hudson River to the tune of 6 billion dollars. So far G.E. has spent 250 million on PR work. We (the National Wilderness Institute and I met with G.E. and their lawyers and proposed a solution. Did we ever hear back ?? No, because the lawyers are running the show. You will find I have a great sense of humor. Want to know the group of private pilots who have the greatest fatality rates-- lawyers-- that's because they don't listen and take
2) Beware of any conservation easement, habitat conservation plan or gov't offer. You can lose you land fast. 3) The farm bureaus in the West must unite. First its the farmers in Klamath, next it will be the grape growers, then the cattle ranchers. Remember the spotted owls and the committees formed. the loggers got sold down the river. The Govt will pick the farmers and ranchers off one by one.
4) There's an old saying " Talk is cheap, takes money to buy whiskey." you cannot expect pro bono help and all the ag bureaus must help Klamath. I do not know how to accomplish that cause I was hung out to dry by the hunting world !!
5) The National Wilderness Institute is the only conservative organization that may be of assistance, but they are involved in a major suit of 5 Federal Agencies. There is Jim Beers and myself who would assist NWI, but we expect to be paid.
You have to beat the Gov't on the Administrative Procedures Act ( APA )- rules set out to govern their behavior-- because 95 % of the time, they are in violation of the law. You need to do a review of the listings under the Act, the Recovery Plans, and all agreements, pertaining to water rights with respect to the fishes. The Freedom of Information Act (FOIA) is a good tool to request all Gov't correspondence, documents, etc, and I will bet you, you will find Gov't agencies and the Greenies in collusion -- a violation of the Sunshine
NWI could pull this info together the fastest, analyze it, and advise strategy, much cheaper than hiring lawyers. they have really good inside connections on the hill. I would have the Klamath group contact Rob Gordon. NWI is their best chance.