Crow Killer
November 26th, 2001, 12:51 AM
Subject: Federal Judge Upholds Land Grabs
http://www.sierratimes.com/archive/files/nov/16/arap111601.htm
Federal Judge Upholds Land Grabs
Associated Press 11.16.01
WASHINGTON -- A federal judge on Thursday upheld President Clinton's
decision to protect federal land in four Western states, saying Clinton acted properly
under a 1906 law when he created six new national
monuments.
Clinton's use of the Antiquities Act, which allows presidents to act
without
congressional approval to safeguard objects of historic and scientific
interest, had led to a legal fight by Mountain States Legal Defense Fund
of
Denver.
The conservative organization challenged the constitutionality of the law
and contended that Clinton overstepped his authority when he created
monuments in Arizona, Colorado, Oregon and Washington.
U.S. District Judge Paul Friedman dismissed the lawsuit Thursday, finding
that Clinton had acted appropriately under power legally granted by
Congress.
That let stand Clinton's action regarding the Cascades-Siskiyou National
Monument in Oregon, the Handford Reach in Washington, the Canyons of the
Ancients in Colorado and the Grand Canyon-Parashant, Ironwood Forest and
Sonoran Desert national monuments in Arizona.
William Perry Pendley, president and chief legal officer for the Mountain
States Legal Foundation, said Friedman gave too much deference to the
president's judgment. Pendley said he planned to appeal.
"We're talking about millions of acres of land that, with a stroke of a
pen,
the president set aside," Pendley said. "We believe the court needs to go
further and say, 'Wait a second. Are these areas truly scientific? Are
they
historic? Is this the smallest area necessary to protect the resource?"
Clinton used the law to create 19 monuments and expand three others,
protecting 5.9 million acres. State and local officials, ranchers,
off-road
vehicle users, oil and gas companies and others complained that Clinton
abused his authority and locked up too much land.
"The courts have always upheld the Antiquities Act and will continue to do
so in the future," said Jim Angell, an attorney for Earthjustice, a legal
organization based in Denver that frequently represents environmental
groups.
Congress passed the law to give the president the power to protect land
threatened by development. President Theodore Roosevelt was the first to
use
it to establish Devil's Tower in Wyoming as a national monument.
Since then, presidents have used the power to establish about 120
monuments
spanning more than 70 million acres.
http://www.sierratimes.com/archive/files/nov/16/arap111601.htm
Federal Judge Upholds Land Grabs
Associated Press 11.16.01
WASHINGTON -- A federal judge on Thursday upheld President Clinton's
decision to protect federal land in four Western states, saying Clinton acted properly
under a 1906 law when he created six new national
monuments.
Clinton's use of the Antiquities Act, which allows presidents to act
without
congressional approval to safeguard objects of historic and scientific
interest, had led to a legal fight by Mountain States Legal Defense Fund
of
Denver.
The conservative organization challenged the constitutionality of the law
and contended that Clinton overstepped his authority when he created
monuments in Arizona, Colorado, Oregon and Washington.
U.S. District Judge Paul Friedman dismissed the lawsuit Thursday, finding
that Clinton had acted appropriately under power legally granted by
Congress.
That let stand Clinton's action regarding the Cascades-Siskiyou National
Monument in Oregon, the Handford Reach in Washington, the Canyons of the
Ancients in Colorado and the Grand Canyon-Parashant, Ironwood Forest and
Sonoran Desert national monuments in Arizona.
William Perry Pendley, president and chief legal officer for the Mountain
States Legal Foundation, said Friedman gave too much deference to the
president's judgment. Pendley said he planned to appeal.
"We're talking about millions of acres of land that, with a stroke of a
pen,
the president set aside," Pendley said. "We believe the court needs to go
further and say, 'Wait a second. Are these areas truly scientific? Are
they
historic? Is this the smallest area necessary to protect the resource?"
Clinton used the law to create 19 monuments and expand three others,
protecting 5.9 million acres. State and local officials, ranchers,
off-road
vehicle users, oil and gas companies and others complained that Clinton
abused his authority and locked up too much land.
"The courts have always upheld the Antiquities Act and will continue to do
so in the future," said Jim Angell, an attorney for Earthjustice, a legal
organization based in Denver that frequently represents environmental
groups.
Congress passed the law to give the president the power to protect land
threatened by development. President Theodore Roosevelt was the first to
use
it to establish Devil's Tower in Wyoming as a national monument.
Since then, presidents have used the power to establish about 120
monuments
spanning more than 70 million acres.