Litigator

The

Judges Balance Elk Cover With Human Life!

Spring 2010

MONTANA FOREST HEALTH PLAN HALTED

The Litigator

Oral arguments by MSLF before the

number of people who have been killed
U.S. Court of Appeals for the Ninth
by such fires? When MSLF argued that
Circuit in Seattle, Washington, on behalf
the equities favored the people, not elk,
of a Montana family concerned about the
the judge did admit that the elk are doing
dangers to life and limb posed by catavery well; however, countered another
strophic fires took an outrageous turn
judge, with more cover there may be
when the judges expressed more concern
even more elk.
about cover for elk than about the safety
Not surprisingly, given the questions
of human beings. A forest health plan
asked and the history of the Ninth
proposed by the
Circuitit is the
U.S. Forest
circuit court
Service and
from which
supported by
appeals are
state and local
most often
agencies, quasiheard by the
governmental
U.S. Supreme
entities, and
Court and the
local residents
circuit court
would have
most often
helped to assure
reversed by the
the safety of
Nations highest
John McColgan courtwithin
homeowners as Elk Cover: A Burning Issue in Montana
well as firefighters; however, environmendays of the oral argument the panel barred
tal groups objected, asserting that the plan
implementation of the plan. Because the
provided inadequate cover for elk. After
part of the plan that is most important to
a Montana federal district court, which is
human safety may be conducted only durregarded as friendly to environmental
ing winter months, the ruling of the Ninth
groups, approved the plan in October
Circuit delays implementation of the plan
2009, the groups appealed to the Ninth
until at least November 2010 and more
Circuit where, once briefing had ended,
likely even into 2011. As a result, residents
oral argument was held before a threeand the firefighters who would respond to
judge panel.
a fire must endure at least another fire seaThe environmental groups argued
son without the relief that experts say is
that the Forest Service plan did not procritical to human health and safety.
vide sufficient elk hiding cover and
MSLF represents a Montana couple
must be enjoined. MSLF responded, on
that lives year-round in Montana, near an
behalf of the Montana family, that the
area the Forest Service deems to be at risk
plan was needed to slow down the rate
for dangerous fires. Janet and Ronald
of spread of a catastrophic fire to buy
Hartman, who live north of Wilsall,
[residents] the time to escape. ThereMontana, believe the Forest Service project
upon, one judge, asserting that the court
and parallel efforts by local entities and
must balance equities, asked how
individuals are key to preventing catasevere is the danger to life, whats the
strophic fires that would destroy forest
actual danger of death, and whats the
resources, homes, and buildings and

is published quarterly by
Mountain States Legal Foundation
(MSLF), a nonprofit, public-interest law
firm dedicated to individual liberty, the
right to own and use property, limited and
ethical government, and economic freedom.

MOUNTAIN
STATES
LEGAL
FOUNDATION
Executive Offices:
2596 South Lewis Way
Lakewood, Colorado 80227
303-292-2021
Fax 303-292-1980

www.mountainstateslegal.org
endanger the lives of residents, visitors,
and firefighters. The Hartmans believe
that the plan, which involves the Gallatin
National Forest 20 miles northeast of
Bozeman, complied with federal law.
In May 2005, the Forest Service finished the Shields River Watershed Risk
Assessment to evaluate the risk of wildfire
and insect loss to some 44,000 acres in the
Smith Creek/Shields River area of the
Gallatin. The Forest Servicewith comments from adjacent private homeowners
and State, county, and local officials and
groupsdeveloped the Smith Creek
Vegetation Treatment Project to address
the dangerous fuel buildups and mitigate
the risk of catastrophic wildfire. The
Project will reduce fuel loads on a maximum of 1,110 acres, in 10 separate units.
A local, quasi-governmental group was
formed to provide grants to local
landowners to conduct fuels reduction
projects on private lands.
In July 2008, environmental groups
challenged the Forest Services plan.
Page One

SUPREME COURT HEARS STATE GUN CASE

The Supreme Court of the United
States heard oral arguments recently as
to whether the Second Amendment of
the U.S. Constitution, that is, the right
to keep and bear arms, applies to the
States. MSLF was present in the very
closely watched case on behalf of two
Colorado groups, the Rocky Mountain
Gun Owners (RMGO) and the
National Association for Gun Rights
(NAGR).
In 2008, in District of
Columbia v. Heller, in
which MSLF filed an
important friend of
the court brief, the
Supreme Court
held that the
Second
Amendment protects an individuals right to keep and bear arms for
self-defense by striking down a
Washington, D.C. law. Although the
Supreme Court ruled that the Second
Amendment protects the individuals
right to keep and bear arms for selfdefense, in the past it has ruled as well

that the Second Amendment applies

only to the federal government and is
not incorporated against the States by
way of the Fourteenth Amendment;
however, Heller casts grave doubt on
the continuing validity of the Courts
19th-century rulings.
In April 2009, would-be gun owners in Chicago sought Supreme Court
review after the Seventh Circuit
refused to apply the Second
Amendment to Illinois
via the Fourteenth
Amendment. In
September
2009, the
Supreme
Court
agreed to
review the
Seventh
Circuits ruling. Legal experts believe
the Court will rule that the Second
Amendment applies to the States; however, there is a disagreement on
whether the Court will use the due
process clause or the privileges or
immunities clause.

DOUBLE YOUR MSLF GIFT! TELL THE BOSS

Did you know that you might be
able to double your gift for free?
Thousands of companies match their
employees charitable contributions.
Matching gifts play a key role in helping MSLF fight its court battles. Please
ask if your employer has a matching

gift program. Contact your human

resources or personnel department to
see if your company will match your
gift to MSLF. Then, each time you mail
your gift, please include a matching
gift form from your employer. MSLF
will do the rest!

WEB PAGE POLL

Visitors to MSLFs web site at www.mountainstateslegal.org responded to the
following question: Two Texas coeds denied admission to the University of Texas
based on race lost their lawsuit due to a U.S. Supreme Court ruling. Is that ruling
correct? One hundred percent (100%) said, No: Justice O'Connor's 2003 decision
that lets universities discriminate for 25 more years should be overturned!" Zero
percent (0%) said, Yes: Minorities have not reached equality so colleges must use
race quotas and preferences to achieve diversity.
Vote on the new question at MSLFs web site today!
Remember, the best way to keep abreast of MSLFs precedent-setting, nationally-significant litigation is to check MSLFs highly acclaimed web site. MSLFs web
site is updated at least every week and often daily. In particular, check for updates
on MSLFs Legal Cases and Press Releases.

Litigator

The

PENDLEYS VIEW
John Shuler of Dupuyer, Montana,
killed a grizzly bear one night when he
was attacked while protecting his
sheep; the U.S. Fish and Wildlife
Service (FWS) charged him with violating the Endangered Species Act
(ESA). The FWS argued that: he had
not been in fear of death or serious
bodily injury; he should not have left
his house and entered the zone of
imminent danger; he should not have
taken his dog with him because it went
on point, provoked the bear, and
escalated the conflict; and grizzly bears
are entitled to a higher self-defense
standard because they are incapable
of sapient thought.
John Shuler defeated all those arguments and did not have to pay the
$5,000 fine demanded by the FWS.
Unfortunately, when John Shuler sought
an award of $225,000 for legal fees and
expenses under the Equal Access to
Justice Act (EAJA), it was denied. A
Montana federal district court and then
the U.S. Court of Appeals for the Ninth
Circuit ruled the federal government
was substantially justified.
Given the experience of John
Shuler and others, many believe the
federal government and federal courts
make EAJA awards, not to private citizens, but to environmental groups. In
fact, a recent study shows that, in cases
involving the U.S. Forest Service from
2003 to 2005, 35 of the 44 EAJA awards
made were to environmental groups.
In the Idaho federal district court over
the past decade, one environmental
group received nearly one million
dollars in attorneys fees and expenses.
Finally, in 2009, Attorney General Eric
Holder settled a lawsuit and paid
$19,222 to three environmental
groups that did little more than file a
complaint!
A California miner who defeated
the Forest Service but was denied his
claims for $214,000 in attorneys fees
and expenses is fighting to end this bias.

Page Two

OBAMAS LAND GRAB BEGAN IN NEW JERSEY AND HEADS WEST!

As the western media
report rumors of a secret plan
by President Obama and
Secretary of the Interior
Salazar to issue presidential
decrees putting millions of
acres of land off limits to the
American public, a New
Jersey family battles to protect
its right to own and use what
is clearly the familys private
property. Both matters
demonstrate the arrogant approach of the
Obama Administration to constitutional
rights and the rule of law. Of course,
MSLF is responding.
MSLF represents Matthew and Aaron
Hull and Matthews wife, Michelle, of
Layton, New Jersey, who were sued by
the National Park Service (NPS) after they
erected gates across Old Mine Road,
which bisects the Hulls property for 300
yards and passes within 20 feet of their
house, to keep trespassers off their land.
In a lawsuit filed in March 2009, seeking

damages and injunctive relief,

the NPS alleged that the road,
which lies within the
Delaware Water Gap National
Recreation Area (NRA), is
property of the United States.
The Hulls contend that the
United States has never
owned or maintained the road
and that it reverted to them
after it was abandoned by the
local township. In addition,
the Hulls claim that they, not the NPS,
own the road and the court should vest
permanent title in them.
In the 1950s, the United States
acquired 72,000 acres of private land in
the area for a dam that was never built.
In 1978, the land was transferred to the
NPS and managed as the NRA.
In 2006, the only landowner along
Old Mine Road who had not sold his
property to the federal government died.
In September 2007, the Hulls bought the
property, which is abutted on three sides

by the NRA and on one side by the

Delaware River. Old Mine Road was
abandoned by the Sandyston Township in
1988; however, subsequently, at a time
when it had no title to the road whatsoever, the Township deeded it to the NPS.
Depositions of fact witnesses in the
Hull case have been completed; cross
motions for summary judgment are due
by June 15.
Meanwhile, fears continue to grow
that President Obama, like President
Clinton before him, will designate millions of acres of federal land across the
American West as national monuments
and therefore off limits to economic and
recreational use by westerners. After
Clinton designated national monuments
in Utah and in several other western
states, MSLF filed lawsuits in federal district court in Salt Lake City and then
Washington, D.C. According to media
reports, Obama officials are proposing the
designation of fourteen monuments in
eleven western states.

ANSWER TO CENSUS RACE QUESTION: SCALIAS AMERICAN

Census 2010 has been enveloped in
controversy since early 2009. As a result,
the U.S. Census Bureau fears a record low
response from Americas 120 million
householdssixty-seven percent
responded by mail in 2000. Critics argue
that the federal government has only
itself to blame
given such missteps as its plans
for ACORN to
recruit door-todoor workers, the
seizure of White
House control over
the Census leading
to the withdrawal
of Senator Judd Gregg (R-NH) who was
nominated to be Commerce Secretary,
and the Bureaus $133 million advertising
campaign, of which $2.5 million was for a
Super Bowl advertisement, which media
experts awarded an F (dry, uninformative, and culturally obscure)the
lowest of any commercial aired during
the game.

Litigator

The

Even the short form caused some

controversy. Mark Krikorian, Executive
Director of the Center for Immigration
Studies in Washington, D.C., objected that
[f]ully one-quarter of the space on the
form concerns questions of race and ethnicity, which he called clearly illegitimate and none of
the government's
business notwithstanding claims by
The New York Times,
repeating assertions
from the Census
Form, to the contrary. Even The
Times notes, however, that such questions provoke[] argument about identity and equality. . . .
Ironically, the solution posed by
Mark Krikorian is drawn from MSLFs
landmark (TIME called it a legal earthquake) victory in Adarand Constructors,
Inc. v. Pea, specifically, Justice Scalias
famous concurring opinion in which he
declared, In the eyes of government, we

are just one race here. It is American.

Thus, Mr. Krikorian suggested answering
Question 9 by checking the last option
Some other race and writing in
American." He noted, not only is it a
truthful answer but it is also a way for
ordinary citizens to express their rejection of unconstitutional racial classification schemes. Finally, he asserts, in the
2000 Census, "American" was the plurality ancestry selection in four states and
several hundred counties.

KEEP READING!
The Litigator, MSLFs quarterly
newsletter, is the indispensable tool
for staying informed regarding the
latest in MSLFs precedent-setting,
nationally-significant, public-interest
litigation. The Litigator is mailed on
the first of February, May, August,
and November. Ensure that you
keep receiving The Litigator by
contributing $25 annually.

Page Three

GIFT OF SECURITY IS BETTER THAN CASH?

MSLF values all gifts provided by its generous supporters; they permit MSLF to
aggressively defend the rule of law and constitutional liberties in the courts of the
land. Each supporter, however, may find the value of some gifts, in terms of taxes
lawfully avoided, more valuable than others. One example is that involving the
choice between a gift of cash or one of long-term appreciated securities; in this case a
supporter in the 28% marginal tax bracket wishing to contribute $10,000:
CASH
$10,000 (cash)
-2,800

$ 7,200

SECURITY
contribution

$10,000 (securities bought at $2,000)

income taxes saved

-2,800

capital gains tax avoided

-1,200

post tax contribution cost

$6,000

For those supporters concerned that the securities, which were bought years
ago, are a good investment and likely to continue to increase in value, experts have a
suggestion: contribute the stock and use cash to buy the same stock again. In the
end they will still hold that good investment but will have eliminated the taxable
capital gain to date!
Income tax regulation and estate tax laws are complex and vary state to state.
PLEASE consult a tax advisor before making any decision. If you decide to contribute stock, please follow the instructions on the facing page and NOTIFY MSLF
that they are on the way.

ACT NOW: REMEMBER MSLF IN YOUR WILL

Suggest this bequest language to your attorney:
I [name], of [city, state, ZIP] give, devise and bequeath to Mountain States
Legal Foundation (MSLF), (tax identification number 84-0736725) 2596 South
Lewis Way, Lakewood, Colorado 80227, [written dollar amount or percentage of
the estate or description of the property] to continue its mission to protect and
preserve individual liberty, the right to own and use property, limited and ethical
government and economic freedom.

When you add MSLF to your will, be sure to tell us! We want to thank you by
adding your name to MSLFs Legacy Society wall plaque.

NEED TO DRAFT OR
REVISE YOUR WILL?
More than 60 percent of adults living
in households with children do not have
wills. You need one if:
You are married;
You have minor children or ailing parents;
Your entire estate is valued at
more than $50,000;
You own real estate;
You own a business;
You support MSLF!
You need to revise your will if there
have been changes in any of the following:
Marital status;
Desired executor/guardian;
Finances;
Beneficiaries;
Place of residence;
Tax laws;
Childrens financial needs;
Degree of support for MSLF!

IF HELPING IS HARD
During these tough economic
times, some life-long supporters find it
hard to make the financial contributions they have in the past.
They may continue to support
MSLF and ensure its fight for liberty
far into the future by naming MSLF in
their wills or making MSLF a beneficiary of a life insurance policy their loved
ones no longer need.
A gift for MSLFs future has great
value for MSLFs fight for freedom.

HELP MSLF FIGHT FOR FREEDOM: JOIN THE LEGACY SOCIETY

Name ___________________________________________________________________________________________________________
Address _________________________________________________________________________________________________________
City_______________________________________State __________________________Zip ___________________________________
Home Phone ________________________Cell Phone___________________________E-Mail ________________________________
oSend me FREE information on Planned Giving.
oCall me! I have planned giving questions.
oI have added MSLF to my estate plans. Put my name on the plaque.
oSend me the MSLF ENewsletter.
Mail to: MSLF, 2596 SOUTH LEWIS WAY, LAKEWOOD, CO 80227

Litigator

The

Page Four

Mountain States Legal

Foundation (MSLF) Is A
Nonprofit, Public-Interest
Law Firm, Certified As
A 501(c)(3) Organization
Since Its 1977 Founding.
Therefore, Your Generous
Contributions to MSLF Are
Tax Deductible!

MSLF receives no government funds (except when it wins in court and the
judge orders the federal government to pay attorneys fees and expenses).
MSLFs sole source of support is the tax-deductible contributions of those
who support its aggressive litigation program.
MSLF is a nonprofit, public-interest I.R.C. 501(c)(3) corporation, which makes
the contributions it receives tax deductible.
MSLF is committed to the vision of the Founding Fathers: individual liberty,
the right to own and use property, limited and ethical government, and
economic freedom.
MSLFs commitment to the Constitution ensures that America remains a nation
of laws and not of men and that the rich liberty legacy of this nation continues.
MSLF does only one thing: it goes to court in defense of the Constitution,
strict adherence to the laws of the land, and those who cannot afford to hire
legal counsel to protect their rights.

MSLF CANNOT REST;

ITS ROLE ESSENTIAL
TO REMAINING FREE
In 2010, MSLF will have been going
to court for 33 years, fighting to compel
compliance with the commands of the
Constitution and federal law to ensure
that America remains a nation of laws.
At no time during these three decades
has the need for MSLF to go to court on
behalf of those who could not afford
legal representation been lessened. In
fact, as the federal bureaucracy has
grown and as federal laws have
become more far-reaching and intrusive, MSLFs caseload has increased
dramatically. That is obvious from a
review of the scores of MSLF cases.

Your Support Is Vital

If there is one lesson MSLF has
learned over the past 33 years, it is that,
regardless of which party occupies the
White House or controls Congress, the
threat to liberty remains and MSLF must
be ready, willing, and able to go to court
to defend freedom. As Thomas Jefferson
once said, Eternal vigilance is the price
of liberty. One of the prices that must
be paid for MSLF to remain vigilant is
the price that tens of thousands of
Americans pay annually by making
their tax-deductible contributions to
MSLF and its litigation.
The support of MSLF by tens of
thousands of Americans committed to
freedom could not be more important.
Your support will ensure that MSLF
remains IN THE COURTS FOR GOOD!

Litigator

The

Only YOU can ensure that MSLF may continue its vital work.

Problem k

Federal, state, and local taxes take an ever-increasing share of

ones income.

Solution k
Reason k

Gift giving decreases taxes while advancing charitable goals.

At a time when many mechanisms for legally lowering taxes
have been eliminated, the opportunities for reducing taxes by
planned charitable giving have been increased!

The Means k

Income Tax Each year a person may deduct as much as 50

percent of his or her adjusted gross income (AGI) for gifts of
cash to a qualified charity; that limit is only 30 percent for gifts
of appreciated property.
Estate Tax A person who died in 2009 is entitled to an exclusion of up to $1,000,000; however, estates in excess of that
amount may deduct charitable gifts, by will or trust. Because
federal estate taxes over $1,000,000 range from 37 percent to 50
percent, for every charitable gift of $1,000, the estate saves up
to $500 in taxes. Please consult your tax adviser.

Stock k
Transfer
Information

Contributions of stock can be made electronically to MSLF's

brokerage account DTC 0164. When transferring stock, indicate
acct. #7080-3528, Charles Schwab & Co., 518 17th St., Suite 100;
Denver, CO 80202. (Derek Tuz 303-260-5916; Fax: 303-260-5911).
Please notify MSLF BEFORE making the transfer; there is no
way to identify a stock donor without prior notification.

Yes! I want to help MSLF in its brave fight to ensure the guarantees of the
U.S. Constitution and to preserve the rule of law throughout the land!

o Enclosed is a tax-deductible contribution of $25. Please keep sending me The Litigator!

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o Enclosed is a tax-deductible contribution of $_______ for MSLFs Endowment Fund.
o PLEASE send me information on planned giving.
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Day Phone ( ______) ________________E-mail Address _________________________________

Page Five

CONCEALED CARRY RIGHTS ON APPEAL

On behalf of a national organization
and three of its Colorado members,
MSLF appeared before the Colorado
Court of Appeals to challenge an April
2009 ruling by an El Paso County state
district court that the University of
Colorados (CUs) ban on students with
concealed carry permits from carrying
on campus is legal and constitutional.
Students for Concealed Carry on
Campus (SCCC), a national advocacy
group with 35,000 members, which supports legalization of concealed carry by
licensed persons on college campuses,
and CU-Colorado Springs alumnus
Eric Mote, CU-Denver student
Martha Altman, and CUColorado Springs student
John Davis, who filed
their lawsuit in December
2008, argued that the
Colorado 2003 Concealed
Carry Act (CCA) bars local
regulations, including those
by CU, that conflict with the Act.
Colorados Concealed Carry Act,
C.R.S. 18-12-201, requires concealed
handgun permit applicants to undergo
an extensive background check to ensure
they have no history of substance abuse
or criminal activity, are not subject to a
protection order, and have demonstrated
competency with a handgun. Applicants

must be over 21 years of age and must

carry firearms completely out of sight. If
the local Sheriff concludes that a permit
holder is dangerous, the Sheriff may
deny or cancel a permit; fewer than 1
percent of permits issued in Colorado
have been revoked. The Act has only
four exceptions to the right to carry: locations prohibited by federal law; K-12
schools; public buildings with metal
detectors; and private property.
The lawsuit charges that CU Regents
are among the local governments prohibited specifically from adopting conflicting regulations. In addition, the
lawsuit alleges that CUs ban is
so broad that it violates the
Colorado Constitution,
which protects the right to
keep and bear arms for selfdefense. The students,
adults who are trained and
licensed to carry a handgun
nearly everywhere in Colorado,
argue that the state concealed carry
law gives them the right to carry on campus. Given the Virginia Tech tragedy, as
well as shootings at Northern Illinois
University and New Life Church in
Colorado Springs, campus is exactly
where the students who qualify under
Colorados CCA believe they need to be
able to carry firearms.

LOCALS WIN OVER

NEW WATER RULE

Residents of Montanas Powder River

Basin who support energy development
claimed total victory as federal government
lawyers ended an appeal of a Wyoming
federal district court ruling that struck
down overly burdensome and excessively
restrictive Montana water-quality regulations targeting producers of coal-bed
methane (CBM).
Citizens for Resource Development,
which is represented by MSLF and is composed of ranchers and other residents of
rural southeastern Montana, had filed a
friend of the court brief in support of energy companies arguing that the new rules
are arbitrary and capricious, conflict with
federal regulations, and are an attempt to
kill the development of coal-bed methane
in the region. The group asserts that energy development benefits southeastern
Montana, where members of the group
reside, both environmentally as well as economically. In October 2009, the district
court agreed and struck the rules.
Although the federal government filed an
appeal, it later withdrew it.
In its brief, MSLF contrasts the hardship created by Montanas rules on economic development with the improved
quality of life underway due to coal-bed
methane development in Campbell
County, Wyoming.

MSLF PRESERVES ENERGY VICTORY OVER OBAMA CHALLENGE

beneath the Allegheny National Forest
A Pennsylvania federal district court,
(ANF), and lifting a moratorium by the
agreeing with arguments made by MSLF,
agency on oil and gas drilling in the ANF.
denied an attempt by the Obama
The ruling, in favor of Minard Run
Administration to overturn the district
Oil Company and the Pennsylvania Oil
courts December 15, 2009, ruling in favor
and Gas Association (POGAM), both repof energy exploration and development
resented by MSLF, follows
in northwestern
the June 1, 2009 filing of a
Pennsylvania. The
lawsuit, a three-day hearing
court rejected motions
in Erie, Pennsylvania in
by the U.S. Forest
August 2009, and post-hearService to set aside the PENNSYLVANIA
courts ruling barring
ing briefs, and the December
the agency from
2009 issuance of a prelimiimplementing its setnary injunction against the
tlement agreement with environmental
Forest Service. MSLF argues that the
groups, prohibiting the agency from conForest Services agreement with environducting studies on the use of privately
mental groups, following a 2008 lawsuit,
owned oil, gas, and mineral rights
to do National Environmental Policy Act

Litigator

The

(NEPA) studies, is illegal.

MSLFs victory prevents an attempt
by the Obama Administration to curtail
development of Marcellus Shale, slaps
aside a frivolous lawsuit by environmental groupsfor which the Obama
Administration awarded them $20,000
under the Equal Access to Justice Act
(EAJA)and limits the NEPA to the
intent of Congress. Most importantly, the
decision allows over $100 millions in
planned economic activity and the jobs
that go with it to continue.
An appeal by the Obama
Administration to the U.S. Court of
Appeals for the Third Circuit, where environmental groups have lodged an appeal
already, is likely.
Page Six

ACTION
n On behalf of two small mining companies whose Montana claims were
invalidated by the federal government, MSLF appeared before the U.S.
Court of Appeals for the District of
Columbia Circuit to argue that the ruling was illegal and should be reversed.
n An Arizona federal district court dis-

NOTABLE
QUOTES
Thank you for the news about Matthew
and Michelle Hull. What good, brave people
they are!
Phyllis J. Llewellyn
La Grange, IL
I need no convincing that [the National
Park Service] is an agency manned by jerks.
Lisa Keys
Magee, MS
Keep up what you are doing. Faster
please!
John Monahan
Ridgecrest, CA
Congratulations on your victory in PA
regarding the Allegheny National Forest.
Joseph Powell
New York, NY
I wish MSLF many more successes
in the fight against abusive government.
Roy C. Kirkman
Olathe, CO
[Y]our success is critical to the future of
this country.
Donald R. Hembre
Littleton, CO

Litigator

The

missed the lawsuit by environmental

groups seeking to compel compliance
with a House of Representatives
Committee demand that one million
acres be withdrawn from mining;
unfortunately, Secretary Salazar issued
an order withdrawing the area.
n A ruling by a Wyoming federal district
court that President Clintons U.S.
Forest Service roadless edict violated
the Wilderness Act of 1964 was argued
before the U.S. Court of Appeals for
the Tenth Circuit; MSLF filed a friend
of the court brief in support of the ruling below.

n On behalf of the Montana Petroleum

Association, MSLF is battling attempts
by environmental groups to prevent oil
and gas development in an area that
has been the site of drilling for decades.
n A South Dakota couple whose valuable mining property was destroyed
by the willful acts of federal employees
continues to prepare for trial at which
they hope to win compensation under
the Federal Tort Claims Act.
n MSLF filed appeals with the Interior
Board of Land Appeals (IBLA) on
behalf of Alaska miners whose claims
were voided by federal officials.

[I]t is wonderful that your Foundation

continues to fight for property rights and
individual liberty.
Carl D. Hoff
Richvale, CA

Thanks for all that you do. It is

appalling what our government is doing to
some of our citizens.
Richard Ekstrum
Kimball, SD

I only wish that more legal councils

took an active approach at defending persons
from racism like your foundation.
Rev. William Nighthawk Hull
Inwood, WV

I believe in what you do.

Jo Ann Farnsworth
Montpelier, ID

Blessings on all your work!

Mary Griffin
Coos Bay, OR
We are fortunate to haveMountain
States [Legal Foundation] looking out for our
interests.
George H. Fancher
Denver, CO
The cruel and shabby treatment of the
Hull family by the National Park Service
enrages me beyond words. [T]hank[s to]
MSLF for helping the Hulls and other little
people who are preyed upon by a totalitarian
regime utterly out of control.
Stephen J. Boudreau
Hamburg, PA
Please continue your good works to
protect the private rights to property and to
champion the causes of private enterprise,
individual and economic freedom.
C. Richard Turnbow
Dallas, Texas

LEGAL

FREE FOIA FILES!

At last the U.S. Department of
Homeland Security (DHS) responded
to a Freedom of Information Act (FOIA)
request by MSLF for the bases for the
DHS April 7, 2009 intelligence analysis
report regarding rightwing extremists. MSLF asked for those documents
because the report, Rightwing Extremism:
Current Economic and Political Climate
Fueling Resurgence in Radicalization and
Recruitment, targeted unnamed persons
and groups because of their views on
illegal immigration, centralizing power
in Washington, D.C. rather than in state
and local governments, restricting the
right to keep and bear arms, and the
loss of American sovereignty.
MSLF has a computer file containing 411 pages of documents that show
that the bases for the DHS report were,
in the words of one critic, frighteningly
kooky. MSLF will send the computer
diskette free upon request. Please remit
$2.55 to cover the cost of shipping
materials and postage.
Page Seven

GLOBAL WARMING ADVOCATES HOUSE OF CARDS COLLAPSES

As MSLF fights back against attempts by
the Obama Administration and radical environmental organizations to institute capand-trade by agency edict or federal court
ruling, it appears the house of cards upon
which global cooling, global warming, or climate change hysterics rely is collapsing.
What a difference a year makes!
In February 2009, President Obama,
given his pledge that the world would look
back on his administration as the moment
when the rise of the oceans began to slow and The American Spectator
our planet began to heal . . . , urged enactment of his far-reaching cap-and-trade legislation to save our planet. His call
came in Obamas first speech to a Joint Session of Congress,
which, wrote The New York Times, won a standing ovation from
[n]early all House and Senate Democrats.
In September, however, prospects for passage worsened
after a secret report was leaked to the press revealing that the
scheme would cost at least $100 to 200 billion a year, or nearly
$1,800 a household! Obama said, given the threat facing the
world, it would be worth it! Then, suddenly prophets of
climate change, like Al Gore, were exposed.
In November, documents from East Anglias Climate
Research Unit revealed that it manipulated or suppressed evi-

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LEGAL
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PRESIDENT AND CHIEF OPERATING OFFICER

William Perry Pendley

VICE PRESIDENT AND CHIEF LEGAL OFFICER

Steven J. Lechner
VICE PRESIDENT OF ADMINISTRATION

Janice K. Alvarado
EXECUTIVE COMMITTEE

Karen Kennedy, WY: Chairman

Stephen M. Brophy, AZ: Vice Chairman
Peter K. Ellison, UT; Treasurer
James V. Taranik, NV; Secretary
Peter A. Botting, WA
John R. Gibson, UT
James Graham, TX
Ron Krump, NV
L. Jerald Sheffels, WA
Don Sparks, TX

dence in order to support its cause

(Climategate). In December, the elite jetted
and limousined to the Copenhagen Global
Warming Conference, which ended in failure.
Then, the North American blizzard of 2009
hit Washington, D.C. and 14 states.
In January 2010, the United Nations
Intergovernmental Panel on Climate Change
(IPCC) admitted that many of its claims,
including that Himalayan glaciers could melt
away by 2035, were unfounded! In February,
Gary Locke India said it could not rely on the IPCC, and
BP and ConocoPhillips left the coalition supporting Obamas
cap-and-trade legislation. Finally, yet another record-breaking
blizzard hit Washington, D.C. and spread up the East Coast.
It looks as if wisdom, good science, and common sense may
yet prevail; however, the battle has moved to a new forum.
Thus, the Obama Administration is pushing forward with its
plans, using the Environmental Protection Agency (EPA) and
other federal agencies. Currently, MSLF is in federal court in
Washington, D.C. challenging the EPAs finding that carbon dioxide endangers public health and safety. MSLF is also in federal
court fighting attempts by environmental groups to force federal
agencies to do studies regarding green house gases and
ozone before issuing permits or oil and gas leases.

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