PENDLEY DECRIES VAST MONUMENT DECREES

Winter 2017

FOX NEWS SEEKS MSLFS EXPERTISE!

As westerners were once again sent
reeling with the designation of a vast
national monument in the rural West
bringing with it the threat of a federal
lawsuit to ensure justice, compliance
with federal
statute, and
recognition of
the limits imposed by the
Constitution,
the national
media turned
to the one
entity with
experience
in the matter, MSLF. It
was MSLF after all that went to federal
court to challenge illegal national monument decrees declared by President Bill
Clinton, including the 1.9 million acre
Escalante-Grand Staircase in southern
Utah. Although MSLFs Utah lawsuit
survived attempt after attempt by federal lawyers for the Clinton administration
to dismiss it, the matter ended abruptly
when the newly installed George W.
Bush administration defended the legality of Clintons decree, notwithstanding
indications during the president campaign of 2000 that both Governor Bush
and Secretary Dick Cheney thought
Clinton acted illegally. Garfield County,
which along with Kane County was
burdened by the new park-like monument, suffered so much that, in 2015, it
declared itself an economic disaster area.
Fears of similar economic devastation and the complete loss of rural
economies and access to federal land for
recreational and other activities in San
Juan County greeted President Obamas
designation of the 1.35 million acre Bear

Ears National Monument. Governor

Gary Herbert declared, I am more than
disappointed. I am deeply disturbed
by what has resulted from a troubling
process. By unilaterally locking upan
area roughly
the size of
the entire
State of Delaware the
president has
misused his
authority under the Antiquities Act
and violated
assurances
made by his
Interior Secretary to take into account local concerns before making a monument
designation.
This decision ignores the will of the
majority of Utahns. It disregards the
desire of Native American groups who
count these lands as their heritage to comanage this culturally important area.
It overlooks the unanimous opposition
of Utahs statewide elected officials and
Utahs entire congressional delegation.
It runs roughshod over a resolution from
Utahs legislature opposing [it].
As outraged as many people are
with todays decision, we know how
to challenge this action appropriately
through the many administrative, legal
and legislative avenues available to us.
We will aggressively pursue these options.
In the wake of such comments,
reporters sought out the response of
MSLFs William Perry Pendley whose
writings on the issue of national monuments
over the past several months, beginning
with Obamas designation of a vast
monument in rural Maine, addressed the

MOUNTAIN
STATES
LEGAL
FOUNDATION
Executive Offices:
2596 South Lewis Way
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www.mountainstateslegal.org
original purpose of the Antiquities Act,
its history over the years, and the ability of President-elect Trump to reverse
Obamas decrees.
The Washington Times quotes Pendley, President Trump has plenty of
power to vacate the illegal actions of
President Obama with regard to those
monument decrees. [T]his is a question that needs to be answered...by the
Supreme Court. Where is it written that
a president on a land issue can bind all
future presidents? Thats insane.
Interviewed from Fox News headquarters in New York City on Special
Report with Bret Baier by Los Angelesbased Fox News correspondent William
La Jeunesse, Pendley declared, To be
fair the case would have to go to the
Supreme Court of the United States.
[W]ere in a new day and if the Attorney
General of Utah sues or the Nevada
Attorney General sues, I think theyre
going to get a different response from
the president of the United States and
Attorney General Sessions.

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Page One

ASPEN BAG TAX IS UNCONSTITUTIONAL

A Colorado nonprofit, publicinterest group that educates citizens
on the dangers of excessive taxation,
regulation, and government spending
and protects their right to petition
government filed its
opening and reply
briefs in response to
the decision by the
Colorado Supreme
Court to review
the ruling of the
Colorado Court of
Appeals upholding
the constitutionality of a bag tax by
the City of Aspen. A three-judge panel
ruled against the group in November
of 2015 and the full court denied its motion for rehearing in April of 2016. The
group challenges the August of 2014
adverse ruling by a Colorado district
court, which ruled the assessment a fee,
not a tax; therefore, it does not violate
the Colorado Constitutions Taxpayers
Bill of Rights (TABOR). In its lawsuit
filed in Pitkin County District Court in
2012, the Colorado Union of Taxpayers

Foundation (CUT) alleged that under

TABOR its members should have voted
on the $0.20 tax on each disposable
carryout bag Aspen grocers provide to
customers, which tax went into effect
in May of 2012,
applies to paper
bags, is collected
from customers,
and then, like a
sales tax, is remitted to Aspen. In
agreeing to hear
the case, the court
noted that the
primary purpose
of the charge is to change behavior and
that its benefit accrues to all citizens,
which denotes a tax and not a fee.
In October of 2011, the Aspen City
Council passed a Waste Reduction
Fee, similar to taxes imposed by Telluride, Carbondale, and Basalt, to collect a
20 cent tax on each disposable carryout
bag grocers provide to customers. The
City Council adopted the tax to continue to take a progressive stance on
environmental issues.

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WEB PAGE POLL

Visitors to MSLFs website at www.mountainstateslegal.org responded to the
following question: Answering MSLFs lawsuit against the FAA for denying
equal protection to air traffic controllers, federal lawyers said, The king can do
no wrong. Is that right? One hundred percent (100%) said, No: In MSLFs
Adarand victory, the Court said, all governmental [race-based] action. Zero
percent (0%) said, Yes: That idea is a necessary and fundamental principle of
the English constitution.
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.

PENDLEYS VIEW
In August, Obama designated
87,654 acres purchased for the National Park Service (NPS) as a seed
for its 1988 plan for a 3.2 million acre
park by a wealthy cosmetic magnate
who bought lands she closed to hunters and snowmobiles, as the Katahdin
Woods and Waters National Monument. Roxanne Quimby was born in
Cambridge, Massachusetts, studied
at San Franciscos Art Institute during
the Hippie movement, lived without
running water or electricity in rural
Maine, and, in the tradition of elixir
hawkers, grabbed part (beeswax) of
the natural-is-good fad, which she
sold for a third of a billion dollars. (I
was inspired by the bees. [W]hat
good little communists they are.) As
a National Park Foundation director,
she wanted a park, (a demonstration...there is something in AmericaI
can love), but that took local support
and an act of Congress.
Obama flouted state and local
opposition. Maines State Legislature
passed and its governor signed a
resolution against federalizing the area
and a meeting of residents among the
three discontiguous tracts in East Millinocket, echoing earlier town meetings, opposed the transfer. (Trapped
in those tractson land Quimby said
she owned but did notare 60 inholders who, like thousands before them,
are now NPS targets for removal.)
First, the Antiquities Act applies
only to items of antiquity. Moreover,
Obamas monument-being-managedas-a-park violates a 1998 federal law
requiring that Congress authorize all
new park suitability studies.
Second, the Founders envisioned
quick sale of federal lands. The
Property Clause granted Congress
an unconditional power of disposition,
but no specific power to own.
Third, assertions of a revitalized
region by shifting from logging
and milling to travel and tourism
is cynically false. The NPS plans a
wilderness, not a thriving economy.

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Page Two

10TH CIRCUIT SUSPENDS ARGUMENT; AWAITS TRUMPS TEAM

In a surprising decision, the U.S.
Court of Appeals for the Tenth Circuit in Denver, Colorado,
abruptly cancelled oral
arguments scheduled for
January 17 in an appeal by
the Obama administration
of a ruling by a Wyoming
federal district court that
the Bureau of Land Management (BLM) has no legal
authority to impose hydraulic fracturing regulations on
oil and gas operators. The
decades-old, time-tested, and highly
effective technology is regulated by
State agencies. The decision, which was
made by the three-judge panel without
a request from the parties, means the
appeal will be handled by the Trump
administration.
Earlier, Wyomings oldest and largest oil and gas industry trade association, represented by MSLF, urged the
Tenth Circuit to uphold the Wyoming

federal district courts ruling. The

Petroleum Association of Wyoming
(PAW), created in 1920, a
tax-exempt, membership
organization whose member companies include oil
and natural gas producers,
gathering and pipeline companies, petroleum refineries,
service providers, as well as
consultants, has 200 members who account for 80%
of the crude oil and 90% of
the natural gas produced
in Wyoming. PAW members operate
on federal lands in Wyomingwhere
50% of the surface estate and 66% of the
mineral estate is owned by the federal
governmentvia oil and gas leases
issued by the BLM; thus, PAW is impacted directly by the agencys issuance
of its final hydraulic fracturing (HF)
rule on federal and Indian lands. PAW
heartily welcomed the district courts
June 21, 2016, courageous ruling.

MSLF argued that a reading of the

statutes relied upon by the BLM as
authorizing it to regulate HF plainly
demonstrates that Congress never intended for the BLM to regulate HF. The
district court said it best, The issue
is not whether [HF] is good or bad for
the environment or the citizens of the
United States [but] whether Congress
has delegated to the Department of
Interior legal authority to regulate [HF].
It has not.
On May 11, 2012, the BLM published a draft rule intended to regulate
hydraulic fracturing on public land
and Indian land. The BLM alleged the
rule was necessary given public concern regarding HF. On September 10,
2012, PAW joined in comments by the
Independent Petroleum Association of
America (IPAA) and the Western Energy
Alliance (WEA) opposing the rule.
On March 26, 2015, after another set
of draft rules on which PAW commented,
the BLM promilgated its final rule.

MSLF TESTS WATERS OF THE UNITED STATES AT 6TH CIRCUIT

On behalf of a 122-year-old nonprofit, non-partisan mining trade association with thousands of members MSLF
joined with other litigants in urging the
U.S. Court of Appeals for the Sixth Circuit to grant relief in its lawsuit against
the Environmental Protection Agency
(EPA), the U.S. Army Corps of Engineers, and their top officials over final
rules that purport to define waters
of the United States (WOTUS) in the
Clean Water Act (CWA). The American Exploration & Mining Association
(AEMA) (once Northwest Mining
Association) of Spokane, Washington
asserts that the rules published on June
29, 2015, violate both the Regulatory
Flexibility Act and the Administrative
Procedure Act. Previously, MSLF commented on the draft rules arguing they
illegally: extend to all waters (not just
wetlands) and all waters adjacent to
non-navigable interstate waters; create
a new jurisdictional concept similarly
situated waters by misquoting the
Supreme Court; and ignore the Courts

demand regarding alleged wetlands

adjacent to non-navigable tributaries.
On February 22, 2016, the Sixth Circuit
held that it may review the challenge.
MSLF argued that, because the
Obama administration: violated basic
tenets of administrative law;
seeks to expand
the jurisdiction
of its agencies in
violation of the
CWA; and issued
an unconstitutionally vague
regulation that
also violates the
Commerce Clause
and impinges upon the rights of States,
its WOTUS rule must be vacated.
Over the years, landowners challenging federal wetland rulings
reached the Supreme Court of the United States. In 1985, deciding at which
point water ends and land begins,
the Supreme Court upheld a definition

that included wetlands that actually

abut[] on traditional navigable waters.
In 2001, the Court held that non-navigable, isolated, intrastate waters, even
those used by migratory birds, were
not within the CWA. In 2006, ruling on
whether the CWA
included intrastate
wetlands adjacent
to non-navigable
tributaries of navigable waters, the
Court vacated the
Corps rules. For a
four judge plurality, Justice Scalia
required a continuous surface
connection to bodies that are waters of
the United States in their own right,
but Justice Kennedy, while concurring
in striking down the rules, demanded
a significant nexus to waters that are
or were navigable in fact or that could
reasonably be so made.
The final rule was issued in 2015.

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Page Three

SUMMARY JUDGMENT - WILLIAM PERRY PENDLEYS LATEST

For 27 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

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:

Clintons War on the West

Nonsense Runs Through It

Bush Goes Green and Loses
A Shift to the Right
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

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.

Linda Chavez

This is indeed a call to action.

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.
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.

Michelle Malkin

An Environmental President

Edwin Meese, III

Mountain States Legal

Foundation (MSLF) Is A
Nonprofit, Public-Interest
Legal Foundation, That Is
A 501(c)(3) Organization,
Since Its 1977 Founding.
Therefore, Your Generous
Contributions To MSLF Are
Tax Deductible!

We must take up Reagans fight to

preserve the American way of life. Sagebrush
Rebel shows us how.

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

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

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 CANNOT REST;

ITS ROLE ESSENTIAL
TO REMAINING FREE
In 2017, MSLF will have been going
to court for 40 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 40 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!

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

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Solution u Gift giving decreases taxes while advancing charitable goals.
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2017 federal estate taxes over $5,490,000 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
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Page Five

REAGAN-ERA LESSEE BATTLES AGAINST FEDS AND THE GREENS!

On behalf of a Louisiana man
issued a federal oil and gas lease in
1982, but denied the right to explore
his property since first approval of his
application for permit
to drill (APD) in 1985,
MSLF filed legal briefs
responding to arguments
made by the worlds
largest law firmthe
U.S. Department of Justiceand by lawyers representing environmental
groups in his efforts to
have a federal district
court hold unlawful and set aside the
Obama administrations cancellation of
his 33-year-old lease and disapproval
of his 23-year-old approved APD,
which was suspended in 1993.
MSLF represents Sidney Longwell
of Baton Rouge, whose company

Solenex, LLC owns the Reagan-era lease

and sued Secretary of the Interior Sally
Jewell and Interior and Agriculture
Department officials in federal district
court in Washington,
D.C. in 2013. The cancellation came on March 17,
2016, after nearly a year
of district court hearings
that were characterized
by the refusal of federal
officials and their attorneys to act on a timely
basis. In June of 2015,
the judge called the
governments conduct, Kafkaesque.
In July of 2015, the district court ruled
the delay illegal as a matter of law
and demanded an expedited decision.
The delay ended in a March 16, 2016,
hearing when the court demanded a
decision in 24 hours. In April of 2016,

Solenex filed an amended complaint

challenging the federal governments
actions as ultra-vires, unlawful, illegal,
and a violation of its rights; plus,
federal officials lack any right to
engage in the actions they have taken.
Meanwhile, Solenex obtained a stay
of its legal rights to obtain $156,152.66
in attorneys fees and $20,088.73 in
expenses for its earlier victory pursuant to the Equal Access to Justice Act
(EAJA). In September of 2016, MSLF
filed its opening brief as to the illegality
of actions of the Obama administration.
In June of 1982, the Bureau of Land
Management (BLM) issued Mr. Longwell
a 6,247 acre oil and gas lease on federal
land in northwestern Montana. In
1983, an APD was filed and over a
decade was subjected to four studies.
It was granted four times but, in 1993,
Clinton officials suspended the lease.

LEGAL
ACTION
n In support of a lawsuit by Pacific
Legal Foundation (PLF), MSLF filed
a friend of the court brief at the U.S.
Court of Appeals for the Ninth Circuit
in defense of property owners who
seek to bar union organizers from
entering their property.
n On behalf of Spur Ranch, owned by
the Tom Paterson family and located
on the Arizona-New Mexico border,
MSLF filed a friend of the court brief

Wooten, PLC in Phoenix, is local counsel. The lawsuit charges violation of

the equal protection component of the
Due Process Clause of the Fifth Amendment and Title VII of the Civil Rights
Act of 1964. The class of 2,000 to 3,500

individuals is represented by Andrew

J. Brigida who holds two B.S. aviation
degrees from Arizona State University
and scored 100 percent on the FAAs
ATC aptitude test. On July 15, 2016,
President Obama signed legislation enacted by Congress providing funds for
the FAA and addressing some aspects
of its program for hiring new ATC;
MSLF then amended its complaint.

Beginning in 1991, to ensure the

availability of well qualified applicants
to replace the steady and increasing
stream of retiring ATCsfor whom the
mandatory retirement age is 56the
FAA collaborated with universities and
colleges to create accredited degree
programs in diverse Collegiate Training
Initiative (CTI) schools. The FAA gave
a hiring preference to veterans, those
with CTI program degrees, references
from CTI administrators, and well
qualified rankings on the challenging
Air Traffic Selection and Training exam
(AT-SAT)a validated, proctored,
eight-hour, computer-based test.
In May of 2013, the FAA sought
a more diverse and inclusive workplace. In December of 2013, the
FAA told 2,000 to 3,500 trained and
qualified graduates of CTI programs
and veteranswho were on the FAAs
referral list and ready for immediate
hirethat: their AT-SAT scores were
not valid; they would be required to
pass a non-validated and non-monitored Biographical Questionnaire
before being able to retake the AT-SAT;
and they must then reapply.

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Page Six

n On behalf of a Wyoming man who

won a landmark 8-1 victory before the
Supreme Court of the United States,
which ruled the federal government
had no right to seize his land, MSLF
appealed the ruling of a Wyoming
federal district court that, despite the
overwhelming victory, the man had
no right to receive attorneys fees
and legal expenses from the federal
government under the Equal Access
to Justice Act (EAJA).

n Idahoans relying on their States

constitutional bar on the use of
public funds to finance union
activity expressed disappointment
with a State courts dismissal of a
suit seeking to end unconstitutional
expenditures by a school district that
benefit teacher union officials.
n A Michigan family arguing the U.S.
Forest Service is not both a sovereign
and a local landowner filed their reply
brief with the U.S. Court of Appeals
for the Sixth Circuit.
n MSLF appeared before the Ninth
Circuit challenging the Obama
administrations illegal closure of a
million acres of uranium-rich land in
northwestern Arizona to mining.

NOTABLE

IN SHOCKING ORDER, COURT CUTS FAA SUIT; MSLF APPEALS

In a ruling that stunned legal observers, the Arizona federal district court
hearing the landmark civil rights lawsuit filed by MSLF against the Federal
Aviation Administration (FAA) and
other agencies and officials for violating
its clients rights dismissed the equal
protection count, limited the remedies
available to MSLFs client, dismissed
some of the defendants, and transferred the case to Washington, D.C.
MSLF quickly filed a motion asking the
district court to reconsider its ruling.
MSLF argued that the ruling is fatally
flawed because it limits its clients right
to be made whole through equitable
relief contrary to Title VII of the Civil
Rights Act, holds Congress implicitly
altered that title as to its client, and
wrongfully dismissed his equal protection claim, which provides him relief.
MSLF, on behalf of a class of thousands who met the FAAs time-tested
and rigorous tests for their employment
as air traffic controllers (ATCs) but
were purged after the FAA announced
minority hiring plans, filed its lawsuit
in December of 2015. Michael Pearson,
Esq., a former ATC of Curry, Pearson &

at the U.S. Court of Appeals for the

Tenth Circuit in support of efforts by
the State of New Mexico to sustain
its victory over federal officials for
their refusal to comply with State law
regarding the Mexican wolf.

QUOTES
Keep up the good work.
Reginald D. Cook
Lone Pine, CA
Helping you in your noble crusade for
freedom is a privilege.
Margaret L. Brady
Eloy, AZ
Thanks very much for [William Perry
Pendleys] inspiring presentation at the Jefferson County Republican Mens Club.
LTC Ray E. Warren III, USA-Ret.
Lakewood, CO
Thank you for your recent lawsuit
against the [U.S. Department of Transportation and] FAAyour efforts are very
much appreciated.
James V. Young
San Francisco, CA
Keep up the excellent work.
William A. Hamilton, J.D., Ph.D.
Granby, CO

Keep up the good work.

George H. Fancher, Jr.
Greenwood Village, CO
MSLF is a blessing and deserves to
win the [Brandt EAJA] appeal.
G. Ray Arnett
Stockton, CA
People like you become more important than ever.
Michael G. Gibson
Walnut, CA
I still remember how over 25 years ago
you worked to help the elderly cabin owner
Grace Bessay against the NPS. That was
another very sad case.
Erich Veyhl
Auburn, ME
Almost everything Congress does is
an encroachment on individual liberty.
Willis D. Forester
Kingman, AZ
All this government is slowing down
the American economy [by] increasing the
parasites.
Larry Wagenman
Pryor, MT

[The new relationship between MSLF

and Texas Tech Law School] sounds great!
Always need new people coming up with
the values we have.
Mr. and Mrs. James Webert
Stuart, FL
Thanks for all of the great work you do
for liberty.
Dan Edwards
San Diego, CA
[William Perry Pendleys] presentation was informative and professionalone
of the best.
Larry D. Hall
Marble, CO
[H]aving unqualified people working
as ATCs is dangerous.
Joy Iris Staveley
Flagstaff, AZ
I appreciate the cases MSLF takes and
the attitude you have in approaching them.
David H. Hawk
Boise, ID
You are doing a great work!
Carl Vargo
College Station, TX

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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 PRESIDENT OF ADMINISTRATION

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

KING OBAMA REPUDIATED; MSLFS CASELOAD INCREASES

In the final days of the Presidential Election of 2016, President Barack Obama took to the stump lecturing the American
people, My name may not be on the ballot, but our progress
is on the ballot. Because, everything we stand for is at stake,
all the progress we have made is at stake in this election, he
hectored, I will consider it a personal insult, an insult to my
legacy, if the voters elect those whose central
theme is opposition to all that we have done.
President Obama, whose lawyers asserted
that like a king, he and his minions could do no
wrong, should consider himself and his legacy
personally insulted!
As the votes were tallied on Election Night
and into the next day, one thing became clear
painfully clear to pontificators in the main stream
media, professors from their ivory towers, and
progressive politiciansthe American people did
not like progress as it is defined by President
Obama and his ilk.
For all who love freedom, that is the good
news. The bad news is the hard work of undoing years and
perhaps even decades of federal laws, rules, and edicts, and the
actions of State and local governments that are contrary to the
Constitution and the rule of law is just beginning.
MSLF has fought for constitutional liberties and the rule of

law since 1977. Over the decades, MSLF learned that, whoever
sits in the Oval Office or whatever party controls Congress,
threats to freedom remain. MSLFs work continues.
First, President Trumps plan to drain the swamp is good;
but, truly ending all of the abuses of the Obama administration
requires MSLFs help.
Second, President Trumps top officials and
their lower ranking political appointees will not be
in place for weeks, months, or perhaps a year. That
time cannot be wasted. MSLF must take action
now to end illegal policies.
Third, there are issues on which MSLF may differ with Trump officials. For example, as to MSLFs
Adarand victory (Justice Scalia: In the eyes of
government, we are just one race here. It is American.) MSLF will not yield.
Fourth, when the Trump administration seeks
to undo the lawless acts of the Obama era, it will be
sued by huge, radical, leftist groups. MSLF must
enter those lawsuits to ensure full, complete, and
precedent-setting victories.
Fifth, the federal government is not the only source of
constitutional violations. State and local governments emulated
President Obama, violated the law, and then declared, Sue us.
So MSLF did and must keep doing so.

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