FOX NEWS REPORTS MSLFS EARLY LEGAL AID

Summer 2016

WYOMING MAN ROUTS FEDERAL EPA!

Andy Johnson of Fort Bridger,
Wyoming, is free of threats issued by
the federal Environmental Protection
Agency (EPA), following the approval
of a consent decree by a Wyoming
federal district court. With finalization of the consent decree between Mr.
Johnson and the
EPA, the EPAs
brazen attempt
to intimidate a
good and honest
man comes to an
end. Moreover,
with the decree,
MSLF, which has
deep Wyoming
roots, has kept its
promise to Andy Johnson.
In March of 2014, Fox News reported
that Mr. Johnson, a Wyoming welder,
had come under attack from the EPA
for building a stock pond on his private
property near Fort Bridger (population
345) in the Equality States southwestern
corner. The EPA threatened to fine Mr.
Johnson $75,000 a day unless he restored
a wetland he altered, purportedly without a permit and, thus, contrary to federal law. Mr. Johnson, who owns eight
acres in Uinta County on which he runs
horses and watches his three daughters
and son play, responded that the stock
pond he builtfilled with crystal-clear
water and used to create a habitat for
brook and brown trout, ducks, and
geesewas permitted by the Wyoming
State Engineers Office.
That story was followed by yet
another, a television story that noted the
outrage of the Wyoming congressional
delegation, and included an interview
on EPAs outrageous conduct in front
of MSLFs national headquarters. Then,

the Washington Times carried a devastating op-ed by MSLFs president, William

Perry Pendley, entitled, EPA out of
touch, out of control in WyomingFarout regulations ignore the real story in
Wyoming. It came as no surprise to
MSLFs supporters around the country
that, when Mr.
Johnson chose
to fight back
by suing the
EPA, MSLF
stood along
with him.
Andrew
and Katie
Johnson own
a small farm
where they grow hay and raise horses
and cattle. In 2010, Mr. Johnson applied for and received a permit from
the Wyoming State Engineer to build a
stock pond to water his horses. From
2010 to 2013, he built a 1,275-foot by 170foot pond by damming Six Mile Creek,
which now flows through his stock
pond. In 2013, the Johnsons were visited
by two Army Corps of Engineers compliance officers who took measurements
of the stock pond and asserted that the
creek was within federal jurisdiction as
waters of the United States.
In May of 2013, the EPA sent Mr.
Johnson a letter asserting that he may
have violated the Clean Water Act
(CWA), by discharging dredged and
fill material into Six Mile Creek without
a Corps of Engineers permit. He met
with the Wyoming State Engineer, an
attorney, and a regulatory compliance
consultant. Shortly thereafter, Mr. Johnson and his attorney participated in a
conference call with the State Engineers
office and federal officials who said they

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

www.mountainstateslegal.org
would contact Mr. Johnson on the next
steps. They never did.
On January 30, 2014, the EPA issued
a Compliance Order against Mr. Johnson
demanding that he remove a dam and
stock pond he built and engage in costly
restoration of his land under a threat of
civil and criminal penalties, including
fines of at least $75,000 for each day of
non-compliance. On August 27, 2015,
assisted by local counsel in Cheyenne,
Wyoming, and Pacific Legal Foundation
of California, which joined with MSLF,
Mr. Johnson sued the EPA. At that
point, the New York Times picked up the
story with the headline, Family Pond
Boils at Center of a Regulatory War in
Wyoming.
The day after his MSLF-aided victory
over the EPA, Mr. Johnson was congratulated by Stuart Varney of Fox Business
for being free of $16 million in fines and
was then asked, Do you have a big legal
bill? No, we dont. We were fortunate
enough to haveMountain States Legal
Foundation help us free of charge.

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Page One

TEAM OBAMA STALLS RACIALISM CASE

PENDLEYS VIEW

MSLFs landmark class action lawcharges violation of the equal protection

suit on behalf of 2,000 to 3,500 Americomponent of the Due Process Clause
cans whose constitutional rights were
of the Fifth Amendment and Title VII of
violated by the Federal Aviation Adthe Civil Rights Act of 1964. The class
ministration (FAA) and other agencies
is represented by Andrew J. Brigida
and officials sufwho holds two
fered yet another
B.S. degrees from
delay at the request
Arizona State
of federal defenUniversity with
dants and their
two aviation deU.S. Department of
grees and scored
Justice attorneys,
100 percent on
purportedly to
the FAAs ATC
await congressional
aptitude test.
action on the FAA.
Beginning in
On December
1991, to ensure
Photo Credit: Tech. Sgt. Peter R. Miller/U.S. Air Force
30, 2015, MSLF
the availability of
filed its lawsuit in Arizona federal
well-qualified applicants to replace the
district court, which it amended on
steady and increasing stream of retiring
April 18, on behalf of individuals who
ATCsfor whom the mandatory retirehad satisfied the FAAs time-tested
ment age is 56the FAA collaborated
and rigorous tests for their employwith universities and colleges to create
ment as air traffic controllers (ATCs)
accredited degree programs in diverse
but whose names were purged after the
Collegiate Training Initiative (CTI)
FAA announced minority hiring plans.
schools. In 2013, the FAA abandoned
Michael Pearson, Esq., a former ATC
that program and purged its files of
of Curry, Pearson & Wooten, PLC in
the 2,000 to 3,500 trained and qualified
Phoenix, is local counsel. The lawsuit
CTI graduates, including Mr. Brigida.

In 1976, Marvin Brandts father

traded 240 acres to the U.S. Forest Service for 83 acres in Fox Park occupied
by the mill, houses and cabins, church,
pool hall, hotel, general store, school
and saloon he and his wifewho
came to Wyoming penniless in 1936
built. His patent was encumbered
by a railroads right-of-way. In 1991,
the railroad ended service; by 2000 it
removed the track and ties; the rightof-way reverted to Marvin Brandt.
In 2006, the Forest Service sued
Marvin Brandt saying it owned the
land; he countersued. In 2014, after
appearances before four other federal
courts, they reached the Supreme
Court. Marvin Brandt won 8-1! Wrote
the Chief Justice, the guiding principles are well settled as a matter of
property law[,] and, nothing in the
text of the [law] supports [the governments] improbable (and self-serving)
reading that it owns the right-ofway. At oral arguments, Justice Alito
attacked the Solicitor General before
he finished his first sentence. Justice
Breyer said any attorney worth his
salt knows better than the position
urged by the United States; Justice Kagan called its argument a mystery.
Marvin Brandt returned to Wyoming federal district court where
the judge who got it wrong in 2009
ordered his land returned. Then,
Marvin Brandt sought an Equal Access to Justice Act (EAJA) award for
attorneys fees and expenses, to which
he is entitled if the legal position taken
by the United States was not substantially justified. Astonishingly,
federal lawyers argued they were
justified, despite that, for seven years,
they withheld from judges hearing the
case the dispositive ruling on which it
turned: the governments victory in
a related case at the Supreme Court
in 1942! Their conduct may or may
not be unethical, but whether it was
justified is now before the Wyoming
federal district court judge.

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

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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 website at www.mountainstateslegal.org responded to the
following question: Federal law says the government must reimburse citizens
attorneys fees and expenses when the government loses. Should Marvin Brandt
be reimbursed? One hundred percent (100%) said, Yes: His 2014 win at the
Supreme Court of the United States meets the test of federal law. Zero percent
(0%) said, No: The government was right to test its theory that a 1942 precedent
should be reversed.
Vote on the new question at MSLFs website today!
Remember, the best way to keep abreast of MSLFs precedent-setting, nationally-significant litigation is to check MSLFs highly acclaimed website. MSLFs
website is updated at least every week and often daily. In particular, check for
updates on MSLFs Legal Cases and News Releases.

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Page Two

MICHIGAN LANDOWNERS SEEK A NEW APPEALS COURT WIN

Two Michigan landowners in the
Wolverine States Upper Peninsula who
suffered defeat
before a Michigan
federal district
court are eager to
return to the U.S.
Court of Appeals
for the Sixth Circuit where they, in
October of 2015,
won a unanimous
victory over an
earlier ruling by
the district court. A three-judge panel held
that the district court wrongfully dismissed
their lawsuit against the U.S. Forest Service
and its officials for barring use of waterfront property that they own and thereupon reinstated the lawsuit.
David A. and Pamela F. Herr of Watersmeet in Gogebic County contendin
a complaint filed in the federal district
court for the Western District of Michigan,
Northern Divisionthat the Forest Service

illegally denies them use of Crooked Lake,

a riparian right guaranteed by Michigan
law. Plus, argue
the Herrs, the federal district court
in which they filed
their lawsuit already ruled on this
issue, holding the
Forest Service may
not deny riparian
owners their rights
on Crooked Lake,
a lawsuit filed and
won by MSLF on behalf of Herrs neighbors. The Herrs vacationed on Crooked
Lake annually since the 1990s and bought
their property there in 2010.
In their appeal they intend to argue,
among other issues, that the district court
failed to adhere to a prior federal district
court holding that the Forest Service has
no legal authority to impose the restriction,
mistakenly treated the U.S. Forest Service
as a unit of Michigan government, and

held that the agency has unlimited power

under the Constitutions Property Clause,
all of which constitutes clear error and an
abuse of discretion.
Crooked Lake is a large, inland lake,
95% of which lies within the Sylvania Wilderness Area, which is part of the Ottawa
National Forest. The area was added to the
National Wilderness Preservation System
in 1987 by the Michigan Wilderness Act,
which preserved valid existing rights.
Under Michigan law those include the
right of riparian owners to use an inland
lakes surface for recreational activities such
as boating and fishing, so long as their use
does not interfere with the reasonable use
of the lake by other riparian owners. There
are ten other private lakefront owners.
In Stupak-Thrall v. Glickman, 988 F.Supp
1055 (1997) MSLF represented Kathy
Stupak-Thrall and Bodil and Michael Gajewski, owners of Crooked Lake properties
the district court ruled the Forest Service
lacked authority to restrict the riparian
owners rights.

REAGAN-ERA LESSEE SEEKS ATTORNEYS FEES FOR VICTORY

A Louisiana man issued a federal oil
and gas lease in 1982, but denied the
right to explore his property since approval of his application for permit to
drill (APD) in 1985, filed for $156,152.66
in attorneys fees and $20,088.73 in
expenses after a federal district court
ruled against the federal government
and in favor of his company. MSLF
represents Sidney Longwell of Baton
Rouge; his company Solenex, LLC,
which owns the Reagan-era lease,
sued Secretary of the Interior Jewell
and Interior and U.S. Department of
Agriculture officials in district court
in Washington, D.C. in 2013. MSLF
sought a stay of proceedings regarding
the motion to permit the district court
to rule on pending legal issues.
On March 17, 2016, after nearly a
year of district court hearings in which
the officials and their attorneys refused
to act in a timely manner, the United
States cancelled the lease and voided
the APD. Meanwhile, in June of 2015,
the judge called the governments

conduct, Kafkaesque. In July of 2015,

Overthrust Belt. After extensive review
the district court ruled the delay illegal
pursuant to the National Environmenas a matter of law. The Equal Access
tal Policy Act (NEPA), amidst appeals,
to Justice Act (EAJA) permits awards
and following a ruling by the Interior
to prevailing parties when the federal
Board of Land Appeals (IBLM), in congovernments position is not substansultation with the U.S. Forest Service,
tially justified.
the BLM approved
In June of
the APD in 1985,
1982, the Bureau
1987, 1991, and
of Land Manfinally in January
agement (BLM)
of 1993.
issued Mr. LongIn June of 1993,
well a 6,247 acre
the Secretary of the
oil and gas lease
Interior suspended
on federal land
activity on the
in northwestern
lease purportedly
Montana. In 1983,
to permit Congress
Mr. Longwell as- APD site US Hwy. 2, BNSF RR & Rising Wolf Ranch nearby
to act. In 1994 and
signed the lease to America Petrofina
1995 the Secretary extended the susCompany of Texas, which later became
pension awaiting congressional action.
Fina Oil and Chemical Company. In
Then, in 1996, the Secretary continued
October of 1983, Fina submitted an
the suspension, purportedly to comply
application for permit to drill near Hall
with the National Historic Preservation
Creek, approximately 2 miles south of
Act. In 1997, the Secretary extended
U.S. Highway 2 to evaluate the natuthat suspension and finally, in 1998,
ral gas potential of that portion of the
continued it indefinitely.

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Page Three

SUMMARY JUDGMENT - WILLIAM PERRY PENDLEYS LATEST

For 25 years, MSLF president William
Perry Pendley has written a hard-hitting
monthly column decrying breaches of the
rule of law, abridgment of constitutional
liberties, and unwise public policies.
Over the years, his writings have appeared in the New York Times, Wall Street
Journal, Washington Post, New York Post,
Washington Times, USA Today, Cow Country, Landman, Loggers World, Miners News,
and many other publications across the
country. He has assembled his favorite
columns into an impressive, fact-filled,
strong opinions-laced, paperback volume
entitled, Summary Judgment: 25 Years of
Condemning Treachery, Tyranny, and Injustice. It is a great read.

Sagebrush Rebel: Reagans Battle

Against Environmental Extremists and
Why It Matters Today (Regnery, 2013):

William Perry Pendleys first two

booksIt Takes A Hero: The Grassroots
Battle Against Environmental Oppression
(Free Enterprise Press, 1994) and War on
the West: Government Tyranny on Americas Great Frontier (Regnery, 1995)drew
high praise. Likewise his recent books:

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):

The truth is in Sagebrush Rebel.

Mark R. Levin
We must take up Reagans fight to
preserve the American way of life. Sagebrush
Rebel shows us how.
Michelle Malkin

The columns began with January of

1990, Mr. Pendleys first full year with
MSLF, and were called Summary Judgment. (In the law, summary judgment
may be granted when no genuine issues
of material facts are in dispute and it is
mandated as a matter of law.) Chapter
titles include:
An Environmental President

Linda Chavez

Clintons War on the West

Nonsense Runs Through It

Bush Goes Green and Loses
A Shift to the Right

Edwin Meese, III

Victory Before the Supreme Court

Clinton Escalates His War on the West
Crimes Against Nature
Grizzly Bears and Self-Defense
U.S. GovernmentLike Nobodys
Business

This is indeed a call to action.

Hugh Hewitt

Life, Liberty, and Property

Whither the War on the West

NOW AN AUDIOBOOK!

Sagebrush Rebel becomes even
more relevant with each passing day
and the news from across the country.
No need to miss out on this amazing
untold history of Ronald Reagan; it is
now available as an audiobook read by
the author himself. FREE with a $25
contribution to MSLF.

25 Years of
Condemning
Treachery,
Tyranny, and
Injustice

Sagebrush Rebel illuminates a forgotten Reagan warnot with the Soviets but
environmental extremists.

Perry is a skilled legal advocate [and] a

master storyteller; however, the tales he tells
are not for the faint of heartprepare to be
infuriated!

William Perry Pendley, who has litigated

these issues, has performed an extremely
valuable service by making the academic
accessible.

Summary
Judgment

Clintons Justice Departments Tenth Year

Government Lawyers and Justice
Ronald Reagan, Sagebrush Rebel,
Rest in Peace
America at War
A Color-Blind Constitution
Bureaucrats Behaving Badly

WILLIAM PERRY PENDLEY

Author of Sagebrush Rebel

The Right to Keep and Bear Arms

Sue and SettleUnconstitutional Tactic
The Threat of Domestic Terrorism
The Commerce Clause and Freedom
Equal Access to Justice
President Obamas Department of
the Interior
If one truth emerges from all of these
essays over the years, it is that expressed
by Ronald Reagan in 1961: Freedom is
never more than one generation away
from extinction. We didnt pass it on to
our children in the bloodstream. It must
be fought for, protected, and handed
on for them to do the same, or one day
we will spend our sunset years telling
our children and our childrens children
what it was once like in the United States
where men were free.

KEEP READING!

The Litigator, MSLFs quarterly
newsletter, is the indispensable tool for
staying informed regarding the latest in
MSLFs precedent-setting, nationallysignificant, 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.

Summary Judgment is FREE with a $25.00 contribution to MSLF.

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Page Four

MSLF receives no government funds (except when it wins in court and the judge
orders the federal government to pay attorneys fees and expenses).

Mountain States Legal

Foundation (MSLF) Is A
Nonprofit, Public-Interest
Legal Foundation, That Is
A 501(c)(3) Organization,
Since Its 1977 Founding.

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 the free
enterprise system.

Therefore, Your Generous

Contributions To MSLF Are
Tax Deductible!

MSLF CANNOT REST;

ITS ROLE ESSENTIAL
TO REMAINING FREE
In 2016, MSLF will have been going
to court for 39 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 nearly four 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
all across America.

Your Support Is Vital

If there is one lesson MSLF has learned
over the past 39 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 aggressive
litigation in defense of freedom.
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!

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

Problem

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

hard-earned income.
Solution u Gift giving decreases taxes while advancing charitable goals.
u Although many mechanisms for legally lowering taxes have been elimiReason
nated, the opportunities for reducing taxes by charitable giving remain!

The Means u Income Tax A person may deduct up to 50 percent of his or her adjusted
gross income (AGI) for gifts of cash to a qualified charity; that limit is 30 percent for gifts of
appreciated property. Itemized deductions made during 2016, including charitable deductions, are reduced for individuals earning $258,250 (married couples earning $309,900) or
more. Please consult your tax adviser.
u

Estate Tax A person who dies in 2016 is entitled to an exclusion of up to $5,430,000; however, estates in excess of that amount may deduct charitable gifts, by will or trust. Because
2016 federal estate taxes over $5,430,000 range from 15 percent to 40 percent, for every
charitable gift of $1,000, the estate saves up to $400 in federal taxes. Please consult your tax
adviser. MSLF does not provide tax advice.
u Contributions of stock can be made electronically to MSLFs brokerage
Stock
account DTC 0164. When transferring stock, indicate acct. #7080-3528,
Transfer
Information Charles Schwab & Co., 518 17th St., Suite 100; Denver, CO 80202. (Joanna

Heckman, CFP-Vice President, Financial Consultant; 303-260-5916; Fax: 303-260-5911).

Please notify MSLF BEFORE making the transfer; there is no way to identify a stock donor without
priornotification. Thank you!
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Page Five

APPEALS COURT RULES FOR TAXPAYERS, CITES MSLFS BRIEF

The U.S. Court of Appeals for the
Tenth Circuit recently reversed its
own 2014 ruling, while citing a friend
of the court
brief by MSLF,
thus ending
five years
of litigation
that reached
the Supreme
Court of the
United States,
safeguarding a
constitutional
guarantee of
liberty, and
stopping tax
and spend
advocates dead in their tracks.
In 1992, Colorado voters passed the
Taxpayers Bill of Rights (TABOR) limiting the power of the General Assem-

bly to levy new taxes or increase tax

rates without their approval. In 2011,
some state legislators and Colorado
government
officials and
citizens filed
suit alleging
that TABOR
deprived the
General Assembly of its
right to impose
new taxes.
Despite the
seemingly frivolous nature
of the lawsuit
and its failure
to meet the constitutional requirement for a case or controversy, a
Colorado federal district court held
that the plaintiffs had standing. On

appeal to the Tenth Circuit, a panel

agreed with the lower court. Over
the dissent of three judges, the Tenth
Circuit declined to rehear the matter;
the Supreme Court was not so reluctant. On June 30, 2015, it granted the
petition and vacated and remanded
the decision for reconsideration in light
of a related ruling.
A month later, in Kerr v. Hickenlooper, on behalf of the Colorado Union
of Taxpayers Foundation, 44 current
Colorado state legislators, and 7 former Colorado state legislators, MSLF
argued that the Supreme Courts new
ruling holds that only an institutional
plaintiff asserting an institutional injury after authorizing votes in both of
its chambers has standing to sue. In
its ruling, the panel, noting that MSLF
represents a majority of the Colorado
State Senate, agreed!

COLLEGES MAY JUDGE ON RACE; DISSENT CITES MSLFS WIN

A sixteen year battle by a Texas coed
to vindicate the rights of all Americans
to be judged by the colleges and universities to which they seek admission on
the basis of their character and not their
race ended appallingly when a majority of the Supreme Court of the United
States upheld a race-based holistic
program used by the University of Texas
Austin to grant admission. MSLF,
which has decades of experience in constitutional issues and won a landmark
civil rights decision by the Supreme
Court in 1995, supported the lawsuit
from its earliest day, including its
original appearance before the Supreme
Court with briefs urging that the Court
review lower court rulings and briefs on
the merits of the case.
In a 4-3 ruling, (Justice Kagan was recused), Justice Kennedy, on behalf of the
majority, preserved the ruling by a threejudge panel of the U.S. Court of Appeals
for the Fifth Circuit, by 2-1, that upheld
the right of the University of Texas at
Austin to use the race of a Texas woman,
Abigail Noel Fisher, to reject her. Justice
Alito, joined by the Chief Justice and
Justice Thomas, dissented with frequent

citations to MSLFs 1995 victory in Adarand Constructors, Inc. v. Pea.

In January of 2011, a three-judge
panel upheld a Texas district courts
ruling that the University may use race
for admission; then, in June of 2013, the
Supreme Court, instead of ruling on the
use of race by colleges relying on the
Courts 2003 ruling,
held the panel had
deferred impermissibly to the university and remanded
the case. In July of
2014, a panel again
ruled for the Texas
university.
In 1996, the U.S.
Court of Appeals
for the Fifth Circuit held that diversity
was not a compelling governmental
interest and that the University of Texas
Law Schools use of race for admission was unconstitutional. In response,
Texas enacted a law requiring all Texas
students graduating in the top ten percent of their class to be admitted to the
University of Texas. As a result, the
University of Texas was able to achieve

the racial diversity that had existed

on campus prior to the Fifth Circuits
ruling; however, on June 23, 2003, the
Supreme Court abrogated the Fifth Circuits decision when it ruled, in Grutter v.
Bollinger, that racial diversity could be a
compelling interest for the University of
Michigan School of Law. Thereafter, the
University of Texas
used race to grant
admission.
Abigail Noel
Fisher of Sugar
Land, who graduated in the top 12
percent of her class,
applied for but was
denied admission.
In 2008, she sued
the University and its officials in the U.S.
District Court for the Western District
of Texas in Austin, alleging that she was
denied the right to compete for admission on an equal footing with minority
students in violation of the U.S. Constitutions equal protection guarantee. In
2009, the district court ruled against her
based upon the Supreme Courts holding in Grutter.

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Page Six

LEGAL

Appeals to rehear its challenge to the

constitutionality of a grocery bag tax
imposed by Aspen, Colorado.

ACTION
n The Supreme Court, consistent
with a friend of the court brief by
MSLF, upheld (4-4) the injunction
issued against President Obamas
immigration decree.
n The American Exploration &
Mining Association challenged the
withdrawal of ten million acres
of federal lands from operation of
the General Mining Law of 1872
ostensibly to protect the sage-grouse.
n The Petroleum Association of
Wyoming moved to intervene in a
new lawsuit by environmental groups
regarding the sage-grouse.
n On behalf of the Colorado Union
of Taxpayers Foundation (CUT),
MSLF urged the Colorado Court of

NOTABLE
QUOTES
These de-growthers (as they more
honestly call themselves in Europe) need to
be smacked down for conspiracy to deprive
people or corporations of the First Amendment rights.
Donald Graves
St. George, UT
There is no end to what these Communists will try and do! Keep up the good
work.
Tim D. Nordell
Sedan, KS
Thanks for your good article on Justice Antonio Scalia.
Jim Hicks
Hacienda Heights, CA

n The TABOR Foundation lost its

challenge to taxes imposed by the
Regional Transportation District
shortly after arguments before the
Colorado Court of Appeals.

n MSLF urged the U.S. Court of

Appeals for the Tenth Circuit to
uphold an injunction issued by
a Wyoming federal district court
barring the federal government from
enforcing new hydraulic fracturing
(HF) regulations issued by the Bureau
of Land Management.

n The Supreme Court, consistent with a

brief filed by MSLF, upheld the ruling
of the U.S. Court of Appeals for the
Eighth Circuit in a lawsuit brought
by Pacific Legal Foundation that
landowners may challenge waters of
the United States determinations by
the U.S. Army Corps of Engineers.

n A panel of the U.S. Court of Appeals

for the Eighth Circuit, consistent
with a brief filed by MSLF on behalf
of its members and the Montana
Coal Council that a Minnesota law
restricting the use of electricity from
coal-fired power plants violates the
Commerce Clause.

n In support of a lawsuit by Pacific

Legal Foundation, MSLF urged the
Supreme Court to review a ruling
of the U.S. Court of Appeals for the
Ninth Circuit that the designation of
critical habitat under the Endangered
Species Act need not be accompanied
by an economic impact statement.

n MSLF urged the U.S. Court of

Appeals for the Fourth Circuit to
uphold a North Carolina voter
identification law adopted to prevent
voter fraud.

Thank you and the MSLF for standing up to another government bully, the
U.S. Army Corps of Engineers.
Gerald L. Carkhuff
Midwest City, OK

The Administrations blatant racism

[in the FAA case] is intolerable.
Paul A. Linton, Esq.
Denver, CO

I abhor reverse discrimination.

Joseph S. Spodnick
Stratford, CT
You have my appreciation and prayers
for your continued successes.
Robert F. Allison
Houma, LA
MSLF is vital to maintaining the rule
of law in our country.
Stephen M. Williams
Elgin, AZ
Ive always like the way you take on
the big issues with facts and backbone.
Norman G. Brocard
Tacoma, WA

n MSLF is in the midst of intense

discovery in its lawsuit against an
Idaho teachers union.

MSLF is one of the few groups I

choose to support because ofthe many
successes you achieve in fighting the government goons.
Michael E. Yukich
Homewood, IL
Please do all you possibly are able to
do to rectify the [FAA] situation.
Rosemary DeVito
Baldwinsville, NY
[T]hank you for all you do.
Troy Woodward
Pearsall, TX
We should not suffer government
with an agenda as I believe we are with
regard to public lands policy.
Jim Macey
Keeler, CA

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Page Seven

MOUNTAIN
STATES
LEGAL
FOUNDATION

Non Profit Organization

U.S. Postage
PAID
Denver, CO
Permit No. 847

2596 South Lewis Way

Lakewood, Colorado 80227
ADDRESS SERVICE REQUESTED
PRESIDENT AND CHIEF OPERATING OFFICER

William Perry Pendley

VICE PRESIDENT AND CHIEF LEGAL OFFICER

Steven J. Lechner

VICE PRESIDENTADMINISTRATION

Janice K. Alvarado

EXECUTIVE COMMITTEE

Don Sparks, TX; Chairman

Roger Cymbaluk, ND; Vice-Chairman
John E. Rockwell, III; Secretary
Roy G. Cohee, WY; Treasurer
Ernest Angelo, TX
John J. Blomstrom, WY
Rick Fletcher, TX
John R. Gibson, NV
Samuel D. Haas, NM
Brent Husson, NV
L. Jerald Sheffels, WA

PROGRESSIVE AGs HOUND MSLF IN 1ST AMENDMENT ATTACK

MSLF has been a forthright defender of the First Amendment. Unfortunately, the left hates First Amendment speech
with which it disagrees. That is why the left has attacked so
viciously anyone who has the courage to challenge the global
cooling, global warming, climate change assertions of the left.
There is yet another reason why, for example, President Obama
keeps saying that climate change and not
Radical Islam poses the biggest threat to
the United States of America because the
left wants the moral equivalent of war,
that is, a threat that will cause the American people to surrender their freedoms
so the government can tell them what to
do. Climate change provides the moral
equivalent of war that the left needs only
IF the left can shut up the real scientists
and dissenters like MSLF. So the left tries
to shut them up by calling them climate change deniers to
compare them to those who would deny that the Holocaust
took place. It is a vicious and relentless attack.
In the past few weeks, the attack took a dangerous turn as
Attorneys General teamed up to chill and punish the speech
of those who speak out on this issue. On April 4, the Virgin
Islands Attorney General, in concert with the New York Attorney General served a subpoena duces tecum (document demand)
on the Competitive Enterprise Institute; two weeks earlier he

served ExxonMobil. Ordered produced are all written material or informationrelated to over 100 academics (named
individually), public interest legal foundations, and think tanks,
a list cobbled together, according to one expert from an unverified screed on Greenpeaces website. Thus, the top law
enforcement officer in States across the country has targeted
people, groups, and leaders for having the
temerity to disagree. MSLF was listed on
page 13 of the subpoena.
Rest assured that, MSLF, its Directors,
and Board of Litigation, and dedicated
staff, and its thousands of supporters
across the country, intend to fight back
and will resist this effort to frighten us,
keep us from defending freedom, and
speaking the truth. Furthermore, although
MSLFs Privacy Policy, under Transfer of
Information, provides, In rare circumstances, [MSLF] will disclose personal identifiable information upon receipt of a court
order or subpoena, and to cooperate with a law enforcement
investigation[,] MSLF does not regard the subpoena issued
by the Attorney General of the Virginia Islandsin association
with Attorneys General from California, Connecticut, District of
Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, Oregon, Rhode Island, Virginia, Vermont,
Washington, and the U.S. Virgin Islandsas a legal subpoena.

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