Land And Water U.S.A.




Friday, September 23, 2022

PRESIDENT TRUMP ACCOMPLISHMENTS

 


resident Trump Haters PRE
PRESIDENT TRUMP ACCOMPLISHMENTS 2016-2020 Author Unknown
Please study this list of accomplishments. Pick the ones you hate and cite your reasons.
List the individuals who've provided President Trump with data and assistance on each accomplishment. Then tell us which ones you've dismissed as "not credible," and on what grounds.
Be SPECIFIC please.
Thank you.
What has PRESIDENT TRUMP and his cabinet accomplished even as weighted down by evil people:
1. Trump recently signed 3 bills to benefit Native people. One gives compensation to the Spokane tribe for loss of their lands in the mid-1900s, one funds Native language programs, and the third gives federal recognition to the Little Shell Tribe of Chippewa Indians in Montana.
2. Trump finalized the creation of Space Force as our 6th Military branch.
3. Trump signed a law to make cruelty to animals a federal felony so that animal abusers face tougher consequences.
4. Violent crime has fallen every year he’s been in office after rising during the 2 years before he was elected.
5. Trump signed a bill making CBD and Hemp legal.
6. Trump’s EPA gave $100 million to fix the water infrastructure problem in Flint, Michigan.
7. Under Trump’s leadership, in 2018 the U.S. surpassed Russia and Saudi Arabia to become the world’s largest producer of crude oil.
8. Trump signed a law ending the gag orders on Pharmacists that prevented them from sharing money-saving information.
9. Trump signed the “Allow States and Victims to Fight Online Sex Trafficking Act” (FOSTA), which includes the “Stop Enabling Sex Traffickers Act” (SESTA) which both give law enforcement and victims new tools to fight sex trafficking.
10. Trump signed a bill to require airports to provide spaces for breastfeeding Moms.
11. The 25% lowest-paid Americans enjoyed a 4.5% income boost in November 2019, which outpaces a 2.9% gain in earnings for the country's highest-paid workers.
12. Low-wage workers are benefiting from higher minimum wages and from corporations that are increasing entry-level pay.
13. Trump signed the biggest wilderness protection & conservation bill in a decade and designated 375,000 acres as protected land.
14. Trump signed the Save our Seas Act which funds $10 million per year to clean tons of plastic & garbage from the ocean.
15. He signed a bill this year allowing some drug imports from Canada so that prescription prices would go down.
16. Trump signed an executive order this year that forces all healthcare providers to disclose the cost of their services so that Americans can comparison shop and know how much less providers charge insurance companies.
17. When signing that bill he said no American should be blindsided by bills for medical services they never agreed to in advance.
18. Hospitals will now be required to post their standard charges for services, which include the discounted price a hospital is willing to accept.
19. In the eight years prior to President Trump’s inauguration, prescription drug prices increased by an average of 3.6% per year. Under Trump, drug prices have seen year-over-year declines in nine of the last ten months, with a 1.1% drop as of the most recent month.
20. He created a White House VA Hotline to help veterans and principally staffed it with veterans and direct family members of veterans.
21. VA employees are being held accountable for poor performance, with more than 4,000 VA employees removed, demoted, and suspended so far.
22. Issued an executive order requiring the Secretaries of Defense, Homeland Security, and Veterans Affairs to submit a joint plan to provide veterans access to access to mental health treatment as they transition to civilian life.
23. Because of a bill signed and championed by Trump, In 2020, most federal employees will see their pay increase by an average of 3.1% — the largest raise in more than 10 years.
24. Trump signed into a law up to 12 weeks of paid parental leave for millions of federal workers.
25. Trump administration will provide HIV prevention drugs for free to 200,000 uninsured patients per year for 11 years.
26. All-time record sales during the 2019 holidays.
27. Trump signed an order allowing small businesses to group together when buying insurance to get a better price.
28. President Trump signed the Preventing Maternal Deaths Act that provides funding for states to develop maternal mortality reviews to better understand maternal complications and identify solutions & largely focuses on reducing the higher mortality rates for Black Americans.
29. In 2018, President Trump signed the groundbreaking First Step Act, a criminal justice bill which enacted reforms that make our justice system fairer and help former inmates successfully return to society.
30. The First Step Act’s reforms addressed inequities in sentencing laws that disproportionately harmed Black Americans and reformed mandatory minimums that created unfair outcomes.
31. The First Step Act expanded judicial discretion in sentencing of non-violent crimes.
32. Over 90% of those benefitting from the retroactive sentencing reductions in the First Step Act are Black Americans.
33. The First Step Act provides rehabilitative programs to inmates, helping them successfully rejoin society and not return to crime.
34. Trump increased funding for Historically Black Colleges and Universities (HBCUs) by more than 14%.
35. Trump signed legislation forgiving Hurricane Katrina debt that threatened HBCUs.
36. New single-family home sales are up 31.6% in October 2019 compared to just one year ago.
37. Made HBCUs a priority by creating the position of executive director of the White House Initiative on HBCUs.
38. Trump received the Bipartisan Justice Award at a historically black college for his criminal justice reform accomplishments.
39. The poverty rate fell to a 17-year low of 11.8% under the Trump administration as a result of a jobs-rich environment.
40. Poverty rates for African-Americans and Hispanic-Americans have reached their lowest levels since the U.S. began collecting such data.
41. President Trump signed a bill that creates five national monuments, expands several national parks, adds 1.3 million acres of wilderness, and permanently reauthorizes the Land and Water Conservation Fund.
42. Trump’s USDA committed $124 Million to rebuild rural water infrastructure.
43. Consumer confidence & small business confidence is at an all-time high.
44. More than 7 million jobs created since election.
45. More Americans are now employed than ever recorded before in our history.
46. More than 400,000 manufacturing jobs created since his election.
47. Trump appointed 5 openly gay ambassadors.
48. Trump ordered Ric Grenell, his openly gay ambassador to Germany, to lead a global initiative to decriminalize homosexuality across the globe.
49. Through Trump’s Anti-Trafficking Coordination Team (ACTeam) initiative, Federal law enforcement more than doubled convictions of human traffickers and increased the number of defendants charged by 75% in ACTeam districts.
50. In 2018, the Department of Justice (DOJ) dismantled an organization that was the internet’s leading source of prostitution-related advertisements resulting in sex trafficking.
51. Trump’s OMB published new anti-trafficking guidance for government procurement officials to more effectively combat human trafficking.
52. Trump’s Immigration and Customs Enforcement’s Homeland Security Investigations arrested 1,588 criminals associated with Human Trafficking.
53. Trump’s Department of Health and Human Services provided funding to support the National Human Trafficking Hotline to identify perpetrators and give victims the help they need.
54. The hotline identified 16,862 potential human trafficking cases.
55. Trump’s DOJ provided grants to organizations that support human trafficking victims – serving nearly 9,000 cases from July 1, 2017, to June 30, 2018.
56. The Department of Homeland Security has hired more victim assistance specialists, helping victims get resources and support.
57. President Trump has called on Congress to pass school choice legislation so that no child is trapped in a failing school because of his or her zip code.
58. The President signed funding legislation in September 2018 that increased funding for school choice by $42 million.
59. The tax cuts signed into law by President Trump promote school choice by allowing families to use 529 college savings plans for elementary and secondary education.
60. Under his leadership ISIS has lost most of their territory and been largely dismantled.
61. ISIS leader Abu Bakr Al-Baghdadi was killed.
62. Signed the first Perkins CTE reauthorization since 2006, authorizing more than $1 billion for states each year to fund vocational and career education programs.
63. Executive order expanding apprenticeship opportunities for students and workers.
64. Trump issued an Executive Order prohibiting the U.S. government from discriminating against Christians or punishing expressions of faith.
65. Signed an executive order that allows the government to withhold money from college campuses deemed to be anti-Semitic and who fail to combat anti-Semitism.
66. President Trump ordered a halt to U.S. tax money going to international organizations that fund or perform abortions.
67. Trump imposed sanctions on the socialists in Venezuela who have killed their citizens.
68. Finalized new trade agreement with South Korea.
69. Made a deal with the European Union to increase U.S. energy exports to Europe.
70. Withdrew the U.S. from the job killing TPP deal.
71. Secured $250 billion in new trade and investment deals in China and $12 billion in Vietnam.
72. Okay’ d up to $12 billion in aid for farmers affected by unfair trade retaliation.
73. Has had over a dozen US hostages freed, including those Obama could not get freed.
74. Trump signed the Music Modernization Act, the biggest change to copyright law in decades.
75. Trump secured Billions that will fund the building of a wall at our southern border.
76. The Trump Administration is promoting second chance hiring to give former inmates the opportunity to live crime-free lives and find meaningful employment.
77. Trump’s DOJ and the Board Of Prisons launched a new “Ready to Work Initiative” to help connect employers directly with former prisoners.
78. President Trump’s historic tax cut legislation included new Opportunity Zone Incentives to promote investment in low-income communities across the country.
79. 8,764 communities across the country have been designated as Opportunity Zones.
80. Opportunity Zones are expected to spur $100 billion in long-term private capital investment in economically distressed communities across the country.
81. Trump directed the Education Secretary to end Common Core.
82. Trump signed the 9/11 Victims Compensation Fund into law.
83. Trump signed measure funding prevention programs for Veteran suicide.
84. Companies have brought back over a TRILLION dollars from overseas because of the TCJA bill that Trump signed.
85. Manufacturing jobs are growing at the fastest rate in more than 30 years.
86. Stock Market has reached record highs.
87. Median household income has hit highest level ever recorded.
88. African-American unemployment is at an all-time low. (was until Covid bullshit)
89. Hispanic-American unemployment is at an all-time low.
90. Asian-American unemployment is at an all-time low.
91. Women’s unemployment rate is at a 65-year low.
92. Youth unemployment is at a 50-year low.
93. We have the lowest unemployment rate ever recorded.
94. The Pledge to America’s Workers has resulted in employers committing to train more than 4 million Americans.
95. 95 percent of U.S. manufacturers are optimistic about the future— the highest ever.
96. As a result of the Republican tax bill, small businesses will have the lowest top marginal tax rate in more than 80 years.
97. Record number of regulations eliminated that hurt small businesses.
98. Signed welfare reform requiring able-bodied adults who don’t have children to work or look for work if they’re on welfare.
99. Under Trump, the FDA approved more affordable generic drugs than ever before in history.
100. Reformed Medicare program to stop hospitals from overcharging low-income seniors on their drugs—saving seniors 100’s of millions of $$$ this year alone.
101. Signed Right-To-Try legislation allowing terminally ill patients to try experimental treatment that wasn’t allowed before.
102. Secured $6 billion in new funding to fight the opioid epidemic.
103. Signed VA Choice Act and VA Accountability Act, expanded VA telehealth services, walk-in-clinics, and same-day urgent primary and mental health care.
104. U.S. oil production recently reached all-time high so we are less dependent on oil from the Middle East.
105. The U.S. is a net natural gas exporter for the first time since 1957.
106. NATO allies increased their defense spending because of his pressure campaign.
107. Withdrew the United States from the job-killing Paris Climate Accord in 2017 and that same year the U.S. still led the world by having the largest reduction in Carbon emissions.
108. Has his circuit court judge nominees being confirmed faster than any other new administration.
109. Had his Supreme Court Justice’s Neil Gorsuch and Brett Kavanaugh confirmed.
110. Moved U.S. Embassy in Israel to Jerusalem.
111. Agreed to a new trade deal with Mexico & Canada that will increase jobs here and $$$ coming in.
112. Reached a breakthrough agreement with the E.U. to increase U.S. exports.
113. Imposed tariffs on China in response to China’s forced technology transfer, intellectual property theft, and their chronically abusive trade practices, has agreed to a Part One trade deal with China.
114. Signed legislation to improve the National Suicide Hotline.
115. Signed the most comprehensive childhood cancer legislation ever into law, which will advance childhood cancer research and improve treatments.
116. The Tax Cuts and Jobs Act signed into law by Trump doubled the maximum amount of the child tax credit available to parents and lifted the income limits so more people could claim it.
117. It also created a new tax credit for other dependents.
118. In 2018, President Trump signed into law a $2.4 billion funding increase for the Child Care and Development Fund, providing a total of $8.1 billion to States to fund childcare for low-income families.
119. The Child and Dependent Care Tax Credit (CDCTC) signed into law by Trump provides a tax credit equal to 20-35% of childcare expenses, $3,000 per child & $6,000 per family + Flexible Spending Accounts (FSAs) allow you to set aside up to $5,000 in pre-tax $ to use for childcare.
120. In 2019 President Donald Trump signed the Autism Collaboration, Accountability, Research, Education and Support Act (CARES) into law which allocates $1.8 billion in funding over the next five years to help people with autism spectrum disorder and to help their families.
121. In 2019 President Trump signed into law two funding packages providing nearly $19 million in new funding for Lupus specific research and education programs, as well an additional $41.7 billion in funding for the National Institutes of Health (NIH), the most Lupus funding EVER.
122. Another upcoming accomplishment to add: In the next week or two Trump will be signing the first major anti-robocall law in decades called the TRACED Act (Telephone Robocall Abuse Criminal Enforcement and Deterrence.) Once it’s the law, the TRACED Act will extend the period of time the FCC has to catch & punish those who intentionally break telemarketing restrictions. The bill also requires voice service providers to develop a framework to verify calls are legitimate before they reach your phone.
123. US stock market continually hits all-time record highs.
v Because so many people asked for a document with all of this listed in one place, here it is. No links provided to remove bias — as Google search is easy. Print this out for family, friends, neighbors, etc. I encourage you to drop this list off to voters before the 2020 election, too!
v Trump did all of this while fighting flagrant abuse and impeachment charges.

Sunday, July 3, 2022

MARINE PARATROOPER WW ll

 

Kent Stegner

March 18, 1924-Dec. 23, 2012

Age: 88

Residence: Greeley

Kent Frederick Stegner, 88, died Dec. 23, 2012, at Life Care Center of Greeley. Kent was born March 18, 1924, in Tulsa, Okla., to Walter C. Stegner and Sarah Little Stegner.

Kent lived a life of adventure and hard work. As a boy in Tulsa, he and his friends explored all the creeks, rivers and hills in their surroundings. Kent obtained his first paid job as a newspaper route carrier at age 11, which he kept until age 18. Each summer until he was 13, he and his family would drive to Frewsburg, N.Y., to visit his grandparents and other relatives. He eagerly took on the workload of helping on the family farm, by driving the hay wagon, scooping chaff, working in the milk barn and hauling logs from the Allegheny Mountains. Kent spent two summers in Pinedale and Boulder, Wyo., when he was 16 and 17, working as a cowboy on the Milford Steele and Verna Preebe ranches. He learned how to ride and break a horse, ride to the mountain pasture to bring back the remuda, trail the cowherd and work in the hay fields. Kent had a love for farming, ranching and agriculture, which would last throughout his life.

After graduating from Tulsa Central High School in 1941, Kent spent one year at Oklahoma A&M College (now Oklahoma State University). World War II broke out and he joined the Marine Corps in 1942. Kent was a Marine paratrooper in the 1st Marine Parachute Regiment and 5th Marine Division, A Company, 1st Battalion, 28th Regiment. He trained rigorously in the elite forces at Camp Gillespie, Calif. His campaigns in the Pacific included New Caledonia, Guadalcanal, Vella Lavella, Bougainville, the consolidation of the northern Solomon Islands, the entire 36 days of Iwo Jima, and the occupation of Japan. After an honorable discharge as platoon sergeant from the Marine Corps in 1945, Kent returned to Stillwater, Okla., to resume his studies at Oklahoma Aggies. He graduated with a degree in animal husbandry in 1948.

During Kent’s final years in college, he met Frances Whetstine and they were married in 1946. The couple had their first daughter before moving to Denver in 1948, when Kent obtained work at the Denver Stock Yards. He worked for Armour & Co., John Clay & Co. and was an independent cattle trader. He travelled all over Colorado and the West buying and selling cattle. Kent had joined the Marine Corps Reserves after World War II and was recalled in 1951 for the Korean War. He served as an infantry tactics instructor at Camp Pendleton, Calif., and was honorably discharged as a staff sergeant in 1952. He returned to Denver to continue his career. He became well known in the cattle industry and was later offered a job as fat cattle salesman by Ben Duke for Producers Livestock in Greeley in 1962. While Kent was at the Denver Stock Yards in 1949, he participated in the largest run of cattle (35,000 head) in the Denver Stock Yard’s history.

The family had now grown to three daughters and moved to Greeley in 1964. Kent worked for Producers Livestock in Greeley for more than 20 years. He started as the fat cattle salesman and progressed to fat cattle manager, yard manager, general manager and regional manager. He formed his own one-man cattle company, the Figure 4 Cattle Co. in 1984. Kent continued doing what he loved most until he retired at age 78 in 2002. He made many friends during his years in the cattle business. He was well respected and trusted throughout the West by those in the industry. He was generous to his employees and friends, and loved by many. He would often invite a lonely cattle trucker to his home for Thanksgiving dinner.

During Kent’s lifetime he enjoyed being in the outdoors and spent time with his family by taking them on many adventures in the mountains and to visit the farms and ranches across Colorado and surrounding states. He instilled his love of the land in his three daughters. Kent was also an avid fisherman, spending time in the mountain streams in Walden, Colo., while taking time off from soliciting cattle in that region.

He was an efficient woodworker, enjoyed reading, took pride in his lawn and loved his vegetable garden; he freely gave away his tomatoes to friends and family. Kent was a great lover of jazz music. While living in the Denver area, he took piano lessons from a well-known jazz pianist and loved to play “Pennies from Heaven” for his family. He was a longtime member of the Association of Survivors-1st Marine Parachute Regiment, and attended many reunions of the organization throughout the country. Kent continued to drive to Producers to have coffee with his friends after retirement. He also joined the Union Colony Marine Corps League in Greeley. There he found many more friends with whom he had much in common. He enjoyed attending the meetings, functions and passing out cookies once a month to veterans at the Veteran’s Hospital in Denver. They all loved hearing the stories Kent would tell of his World War II experiences, as he had a remarkable memory for details. Kent will be greatly missed.

Mr. Stegner was preceded in death by his parents; brother, Carl L. Stegner; and wife, Frances, in 2002. His daughter, Holly Frances Stegner, died March 25, 2013.

Kent is survived by his daughters, Sara Stegner Smith (James) of Colorado Springs, and LuAnne Stegner (Lance Mangham) of Strasburg; his granddaughter, Amanda Smith of Monument; and his step-granddaughter, Abigail Mangham of Strasburg.

Cremation was performed. A military funeral will take place at 2 p.m. Friday June 7, 2013, at Fort Logan National Cemetery, Denver, Colo. A celebration memorial service for Kent will be held at 1 p.m. Sunday, June 9, 2013, at the Greeley VFW Pioneer Post 2121, 2514 7th Ave., Greeley.


Monday, June 20, 2022

EARTH COOLING CRISIS?

 Historical Myopia, A Modern Disease

Lee C. Gerhard, PhD, CPG                                    May 2022

Missing from the current climate hysteria is any indication that alarmists who forecast cultural crisis from a gradually warming earth temperature have any knowledge or understanding of climate history. They are caught in their own hubris, thinking that only their lifetime experience captures the total reality of earth’s climate dynamics. Implicit in their myopia are assumptions that carbon dioxide (CO2) is the single most important driver of climate change, present climate change is beyond historical norms, that humans can materially alter an Earth dynamic system and that warming will inevitably continue.

No formal test of the carbon dioxide-as-climate-driver theory has been permitted, but that is of no consequence, nor are the scores of technical papers theorizing the atmospheric physical details, both pro and con, of understanding the causes of climate change. The one critical question that remains to be resolved is: Is there proof that our current climate and concurrent recent changes are in any way extraordinary compared to preindustrial changes?

Fortunately, that question can be answered with empirical data without resorting to computer models. Oxygen isotope data and CO2 data from Arctic and Antarctic ice cores provide empirical historical temperature and carbon dioxide concentration over several hundred thousand years. Reliable empirical and interpreted information about temperature changes over human history has been collected and made accessible by Lamb (1995) and by numerous other less comprehensive studies (see Table 1 in Lamb, 1995, for detailed descriptions of data types and significance).

Ice core data not only instruct us with examples of past rapid large amplitude temperature swings but also document that rising temperature causes rising CO2, the direct opposite of the prevailing theory (Fischer et al, 1999) (the graphic former Senator Gore used to demonstrate CO2 driving temperature actually proved the reverse). What caused such temperature swings? Bond et al (2001) documented glacial thawing periods in the North Atlantic Ocean that were accompanied by beryllium isotope excursions that prove coincident increased solar intensity. Whether increased solar energy resulted from solar changes, orbital changes or both is not clear (Zahn, 2002). There is no indication in the data that carbon dioxide played any role in driving the melting episodes.

Recurring cycles of temperature change are evident in the geologic and human historic record (Hoyt and Schatten, 1997; Davis and Bohling, 2001). Three of these cycles are of particular importance. The ten to eleven-year solar cycle is well-recognized and is of minor importance to climate change calculations. The millennial (~1000 year) and the Gleissberg (60-80 year) cycles are very important to understanding climate change. In reverse chronologic order, there is the putative Modern maximum, then the Medieval, Roman, and Minoan cycles. The Medieval is the best studied of these, owing to data availability and proximity to modern history. During the temperature maximum two Viking agricultural colonies flourished on Greenland. 

Viking expeditions explored parts of eastern North America and there is anecdotal evidence that Chinese vessels transited the Northwest Passage. The cycles do not change temperatures rapidly, although it appears that warming happens faster than later cooling. By 1400 the Greenland communities were cut off by ice and all perished. In the larger context, several lines of evidence and data show that 4000 years ago Earth was much warmer than today. That is apparently when agriculture was firmly established and communities were organized.

From 4000 years ago to present, the Earth has been cooling episodically, the cooling interrupted only by the millennial warm peaks, each of which is cooler than its predecessor. Earth is not in a warming crisis. If there is to be a human crisis, it is because of cooling. So why the hyperbole about warming?

The Gleissberg Cycle is important because it encompasses a normal human life span, giving greater importance to individual experiences rather than the longer climate change history. The current cycle began in North America in the mid-1930’s, the U. S. high was 1934. It bottomed out around 1970, and reached its apex again about 1999. For the average American, the last 50 years has been warming and there is no memory of the previous parts of the cycle. Global warming is what people have experienced, although they have no understanding of the larger context (It must be noted that government temperature data from weather stations has been greatly corrupted by “corrections” to make older data colder, thus showing more warming). “Ever” cannot be casually defined as just the last 50 years. Alarmists who state current temperatures as “hottest ever” are either uninformed or devious.

Archibald, (2022) illustrates the current solar cycle intensity compared to previous cycles, indicating the likelihood of cooling to take place over the next decades. This statement is speculative. What we have learned from climate history is that human society prospers during warm periods and suffers during cold episodes. Increased CO2 and warm temperatures have greatly increased food production, while prospective cooling might harm that advance.

Takeaways from knowing climate history:

1. Knowledge of climate history obviates the need to consider either carbon dioxide or detailed atmospheric physics to know whether there is no “climate warming crisis” today or in the future.

2. The Earth has been cooling for more than 4000 years and will continue to cool for the forseeable future, although the cooling is episodic rather than linear.

3. There is no global warming crisis. Modern temperature changes are well within normal natural change parameters.

4. Increased concentration of carbon dioxide has little effect on climate compared to natural effects.

5. Earth’s atmosphere is historically low in carbon dioxide to nourish plant growth; satellite images document greening of arid regions over the past 30 years.

6. Climate change is driven by solar and orbital variations, modified by large scale ocean current changes.

7. Earth appears to have entered the downturn part of a Gleissberg Cycle. History demonstrates human society suffers in cold times. Perhaps technology will prevent widespread harm.

References cited:

Archibald, David, 2022, Solar Update: The Wentworth Report. Feb. 2, 2022.

Berner, R., 1994, 3Geocarb IIA Revised model of atmospheric CO2 over Phanerozoic time: American Journal of Science, v.291, p. 56-91.

Bond, G., B. Kromer, J. Beer, R. Muscheler, M. N. Evans, W. Showers, S. Hoffmann, R. Lotti-Bond, I. Hajdas, G. Bonani, 2001, Persistent solar influence on north Atlantic climate during the Holocene: Science, v. 294, p. 2130–2136.

Davis, J. C., and G. Bohling, 2001, The search for patterns in ice- core temperature curves, in L. C. Gerhard, W. E. Harrison, and B. M. Hanson, eds., Geological perspectives of global climate change: AAPG Studies in Geology 47, p. 213–230.

Fischer, H., M. Wahlen, J. Smith, D. Mastoianni, and B. Deck, 1999, Ice core records of atmospheric CO2 around the last three glacial terminations: Science, v. 283, p. 1712–1714.

Hoyt, D. V., and K. H. Schatten, 1997, The role of the sun in climate change: New York, Oxford University Press, 279 p.

Lamb, H. H., 1995, Climate, history, and the modern world, 2d ed.: New York, Routledge, 433 p.

Zahn, R., 2002, Milankovitch and climate: The orbital code of climate change: Joint Oceanographic Institutions for Deep Earth Sampling Journal, v. 28, no. 1, p. 17–22.

Monday, April 11, 2022

PROPERTY RIGHTS AND ESA

On February 6, 2020, I asked Dr. Angus McIntosh the following: 

Hi Angus,
Could you please resend me the language on property owners rights respective of ESA - and their right to exterminate any critter on site found threatening livestock/humans - and that part about disease and good faith belief the disease will harm humans. That language that exempts property owners...
I can't find it. I want to counter a recent article about the wolves wherein the author ended it with, "a $150,000 fine if you kill a wolves."  I hate that they always end with a threat...and NEVER give the info as to property owners rights. 
Thank you Angus,
Roni
_______________________________________________________________

PROPERTY RIGHTS AND ESA

Following is the 1978 amendment to ESA that states you can kill an endangered species animal if you have a "good faith belief" that it could cause bodily harm to a person (including yourself).  It does not specify that the bodily harm must be physical attack that leads to death. Wolves for example are a vector of rabies, hydatid disease and other diseases that can cause "bodily harm" and even death.  The whole measure of the law is your "good faith belief".  If I'm building fence and see a wolf or grizz within a short distance of a cow (and so am I), there is no way on earth I could outrun either the cow or the wolf.  I would shoot and under  would be justified. Notably the provision does NOT specify how i can kill the offending animal.

Section 5 of the 1973 edition of the ESA specifically cites to Section 5 of the 1929 version of the original ESA (Migratory Bird Act) that provides that the Secretary can "purchase or rent" "lands, waters, or interests therein", and that the Secretary shall recommend no area for purchase or rental except those "necessary for the conservation of migratory game birds". It also says the land owner can make reservations or easements and that NO conveyance of land, water or interests will be accepted without the consent of the State by law (legislation). Nothing in the ESA states that the United States can commandeer private property (without due process and just compensation as required by the Constitution Amendment 5), in order to provide habitat for an endangered or threatened species. A Grazing Allotment is private property, and all "permits, contracts and other instruments" (including cooperative agreements) are subject to "valid existing rights" NFMA Sec 6(i) and FLPMA Title VII. Even if regulation of "endangered or threatened" species is within the Constitutional power of Congress, such power cannot over-ride the Constitutional requirement of the Fifth Amendment that government must give due process and just compensation to property owners (United States v Cress, 1917; Bothwell v United States, 1920).  Section 16 of the 1929 version of the ESA specifically says that no endangered species habitat can be designated within a National Forest without the consent of the legislature of the State (see United States v New Mexico, 1978). 

HOPE THIS IS HELPFUL
Angus
On Thursday, February 6, 2020
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