Professional Documents
Culture Documents
Litigator Spring 16 Final
Litigator Spring 16 Final
Spring 2016
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Page One
PENDLEYS VIEW
In 1981, the Reagan administration,
although unhappy with President
Carters federal coal program, recognized that [l]ess than 1% of federal
coal lands were under lease and new
leasing had been at a virtual standstill since 1971 and that 35% of the
coalwill come from public lands,
and thus implemented that program.
From early 1981 to late 1983, Reagan
officials leased 2.5 billion tons of federal coal, which netted $128.6 million
in bonuses, including 1.5 billion tons
of coal beneath 32,000 acres in Montana and Wyoming.
In 1983, Reagan agreed with congressional calls for another review of
the federal coal program. In late 1985,
Reagan officials revealed the new
program, which increased flexibility,
was orderly and predictable for state
and local governments and industry,
promoted competition, assured fair
market value, ensured adequate data,
clarified surface owner consent, and
established well-defined standards.
Later minor modifications allowed
more leasing to ensure continued
production from Reagan era leases.
Obama plans to kill mining of all
federal coal, and the jobs, communities, and trade payments that go with
it, because environmental groups say
the United States is not getting fair
market value for its coal.
Reagan, to whom Obama compares
himself, faced that issue in 1983. In
his own hand, he wrote, Now voices
are being raised on the Hill saying that
a moratorium should be put on the
leasing of all coal bearing government
lands. Totally forgotten is the fact
that the American people as customers will end up paying for that coal.
Included in the price will be the cost
of the lease and even [the royalty paid
to the government]. It seems to me
[our lease sale] not only protected the
government interests, [it showed] consideration for the ultimate consumer
you and me. Imagine, a president
concerned about us.
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Page Two
Hawkes Co., Inc.; LPF Properties, LLC; and Pierce Investment Co.
own property interests in 530 acres in
Marshall County, Minnesota, which
they plan to use for peat mining, a
wetland-dependent activity. In December of 2010,
Hawkes applied
for a 404 permit.
In March of 2011,
the Corps advised
Hawkes in writing
that it had made
a preliminary
determination that
the land contains
wetlands; thus, at
a minimum, an environmental assessment would be required. Later, the
Corps told Hawkes that the permit
would take years and be very costly;
thus, Hawkes should sell the land to a
wetlands bank. In August of 2011,
the Corps sent Hawkes another letter, listing additional time-consuming
requirements for obtaining a permit.
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Page Three
Paul Kengor, author of The Crusader: Ronald Reagan and the Fall of Communism
Warriors for the West: Fighting Bureaucrats, Radical Groups, and Liberal Judges on
Americas Frontier (Regnery, 2006):
Linda Chavez
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untold history of Ronald Reagan; it is
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25 Years of
Condemning
Treachery,
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Sagebrush Rebel illuminates a forgotten Reagan warnot with the Soviets but
environmental extremists.
Summary
Judgment
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Page Four
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Page Five
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Page Six
SCALIA (cont.)
to be revised by the agency in order
to avoid the unlawful result that the
court discerns. But it is assuredly not
as swift or as immediately far-reaching
a corrective process as those interested
in systemic improvement would desire.
Until confided to us, however, more
sweeping actions are for the other
branches. 497 U.S. 871, 892-894 (1990).
In Johnson v. Transportation Agency,
Santa Clara Cty., MSLFs challenge to
a state agencys decision to promote
an employee based on her sex and not
qualifications, Justice Scalia dissented
from the Courts holding that the promotion did not violate the federal Civil
Rights Act:
With a clarity which, had it not
proven so unavailing, one might well
recommend as a model of statutory
draftsmanship, Title VII of the Civil
Rights Act of 1964 declares: It shall be
an unlawful employment practice for
an employer(1) to fail or refuse to
hire or to discharge any individual, or
otherwise to discriminate against any
individual with respect to his compensation, terms, conditions, or privileges
of employment, because of such individuals race, color, religion, sex, or national origin; or (2) to limit, segregate,
or classify his employees or applicants
for employment in any way which
would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely affect his
status as an employee, because of such
individuals race, color, religion, sex, or
national origin.
The Court today completes the
process of converting this from a
guarantee that race or sex will not be
the basis for employment determinations to a guarantee that it often will.
Ever so subtly, without even alluding
to the last obstacles preserved by earlier
opinions that we now push out of our
path, we effectively replace the goal of
a discrimination-free society with the
quite incompatible goal of proportionate representation by race and by sex in
the workplace. 480 U.S. 616, 657-658
(1987).
NOTABLE
QUOTES
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Douglas A. Arnell
Centennial, CO
Keep up your good work.
William T. Eppard
Wickenburg, AZ
MSLF helps people who are between a
rock and a hard spot with no where to go.
H. Ripples Berger
Payson, AZ
[Y]our CD set on Sagebrush Rebel
is filled with the kind of insights our folks
need to hear to feel good about standing up
to those who want to save the world.
Michael J. Stoffler
Commerce City, CO
It is sad that the only way to preserve
our way of life is through litigation, but that
is the reality.
Leslie Hendry
Lysite, WY
I look forward to reading [Summary
Judgment].
Philip Harrill
Evergreen, CO
Take care and keep up the good work.
Kathryn L. Minter
Alto, NM
Thanks for all you do to help protect
our gun rights.
Paul L. Page
Spokane, WA
We thank you for defending the rights
of ranchers and agriculture.
David Stroh
Walsenburg, CO
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Page Seven
MOUNTAIN
STATES
LEGAL
FOUNDATION
2596 South Lewis Way
Lakewood, Colorado 80227
Steven J. Lechner
VICE PRESIDENTADMINISTRATION
Janice K. Alvarado
EXECUTIVE COMMITTEE
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