Federal Government

Jack and the Shrimp Slayer

Submitted: Jan 06, 2006

Yesterday the Tracy Press published an editorial that noted Rep. Dennis Cardoza, Shrimp Slayer-Merced, had also received money from Washington super-lobbyist, now singing to federal prosecutors. The amount is small, compared with what Rep. RichPAC Pombo, Buffalo Slayer-Tracy has received, but Cardoza felt called upon to protest today even the mention of his name in connection with the wholesale corruption now being investigated. So, on account of a thousand dollars from an Indian casino, we get this:

I have never met Mr. Abramoff, nor have I had any dealings with him. Period. In fact, the contribution I received from the Agua Caliente Band of Cahuilla Indians occurred long after the tribe had cut all ties with Mr. Abramoff and his firm.

Cardoza wrote in a letter to the Tracy Press today.

Mr. Abramoff’s admitted crimes are shameful and flagrant abuses of the public trust. Any public official convicted of wrongdoing in this matter should be punished to the furthest extent of the law... The scandal surrounding Mr. Abramoff has cast a dark cloud over Congress and threatens to further weaken the public’s trust in the integrity of their government.

he continued.

When the Shrimp Slayer conjures up "the public's trust" to defend his moral rectitude, the public gets the fantods. The man speaks like a neo-con hack. The Pomboza, Cardoza and Rep. RichPac Pombo, Buffalo Slayer-Tracy's wholesale attack on the public trust in their suite of bills to dismember the Endangered Species Act, comes to mind. The Pomboza collecting their contributions from developers last spring at their joint fundraiser at the Grupe ranch in Lodi comes to mind. It turns the public mind to the Pomboza trip, with Interior Secretary Gale Norton, in January 2004 to the Marianas, where Abramoff textile sweatshops are located. Rep. George Miller, D-Martinez is now calling for a House investigation (along with other on-going investigations) into connections between members of Congress, Ambramoff's Marianas clients, and legislative affecting the area.

Of course, out there in the Great Water, where Bikini was and the US still conducts tests, maybe the Shrimp Slayer was scouting out territory for UC weapons of mass destruction testing.

More questions are raised than answered by Cardoza's pious denial. For a congressman who doesn't know Abramoff, he's certainly up to date on when and for how long the lobbyist was connected with the Agua Caliente Band of Cahuilla Indians. In fact, Cardoza's deep dependency on Pombo, Doolittle, DeLay and the rest of the hard rightwingers in the House suggests involvement with their top money guy, Abramoff. We may never know, however, because campaign financing in this country is a hall of mirrors equal to its tax code, federal highway and HUD funding. Given the public's low level of trust in its congressmen, Cardoza raises a good question: why trust his denial of involvement with Abramoff? Or is just because the other half of The Pomboza, Pombo, denies knowing a lobbyist who gave him $55,000?

Any public official convicted of wrongdoing in this matter should be punished to the furthest extent of the law ...

Cardoza intones. Are we looking at a falling out among thieves? Next thing we know, Cardoza will deny every having known Pombo -- who is in the limelight, along with Rep. John Doolittle, R-Rocklin -- of this investigation. Will Cardoza also deny knowing Rep. George Radanovich, R-Mariposa, who received $8,500 from the Abramoff operation? Will he give up membership in the Portuguese American Political Caucus of the House of Representatives, whose members received $200,700 from various Abramoff pots? For example, Patrick Kennedy, D-RI, co-chair with Pombo of PALCUS, received more than four times ($42,500) what Rep. Nick Rahall, D-WVa, ranking minority member of the Resources Committee received ($10,000) from Abramoff.

Just exactly where will all the denial end? Who knows, but probably the Abramoff affair will test the limits of absurd denial as it unfolds.

The Tracy Press wasn't making this up. It came from

http://capitaleye.org/abramoff_recips.asp?sort=N, whose parent website is
OpenSecrets.org.

Bill Hatch
-----------------

Notes:

http://tracypress.com/voice/2006-01-06-your-voice.php
No Abramoff dealings

EDITOR,
I would like to clarify a few points from Thursday’s editorial, “Reform U.S. Capitol lobbying,” which stated that I had received a contribution from an Indian tribe connected to Republican lobbyist Jack Abramoff. I have never met Mr. Abramoff, nor have I had any dealings with him. Period. In fact, the contribution I received from the Agua Caliente Band of Cahuilla Indians occurred long after the tribe had cut all ties with Mr. Abramoff and his firm.

Mr. Abramoff’s admitted crimes are shameful and flagrant abuses of the public trust. Any public official convicted of wrongdoing in this matter should be punished to the furthest extent of the law.

I strongly agree that Washington needs to take immediate and dramatic action to reform lobbying. This is long overdue. The scandal surrounding Mr. Abramoff has cast a dark cloud over Congress and threatens to further weaken the public’s trust in the integrity of their government. My sincere hope is that Americans’ outrage over this violation of the public trust will force Congress to enact meaningful reform that will crack down on these abuses and demand greater transparency from lobbyists and public officials. I pledge to speak out and fight for these reforms.

Dennis Cardoza
---------------------

Reform U.S. Capitol lobbying

Super lobbyist Jack Abramoff’s squealing to federal prosecutors may expose the depth of this sordid game of special interests exchanging monetary gifts for political influence in the halls of the U.S. Capitol.

Among those on Abramoff’s trail of deception, fraud and money exchange are about 300 members of Congress, both Republicans and Democrats. They include Reps. Richard Pombo, R-Tracy, and Dennis Cardoza, D-Merced. Between 1999 and today, Pombo has received $54,500 in contributions from Abramoff and the American Indian tribes that hired him as a lobbyist. Cardoza has accepted $1,000.

Pombo’s contribution from Abramoff and Abramoff-connected parties is the fifth highest among the members of Congress (Rep. J.D. Hayworth, R-Ariz., is No. 1 with $101,620). Since 2003, Pombo has been chairman of the House Resources Committee, which handles Indian affairs.

Neither Pombo nor Cardoza has been implicated publicly in the Abramoff case. Pombo says he has never met the guilty lobbyist. Fortunately, Pombo’s rise in leadership came at the same time Abramoff’s influence as a lobbyist was dwindling because of federal investigations.

Accepting campaign contributions from a lobbyist, an Indian tribe or other special interests isn’t a crime unless there is a direct quid pro quo, and even then it is hard to prove in court. That’s why prosecutors let Abramoff and his associates make deals — so they can squeal on the lawmakers.

Abramoff was associated with the K Street Project that was designed by the Republican Party to force big business and trade groups to hire more Republican-connected lobbyists. The K Street Project created an almost seamless relationship between members of Congress and corporate America. Abramoff was the middleman who profited from the monetary influence.

After the partisan finger-pointing ends in Washington over the Abramoff case, Congress must to embark on immediate lobbying reform with tougher disclosure laws and stricter professional standards.

The Abramoffs of D.C. reflect the wrong side of democracy — the freedom to commit greed and fraud when no officeholder wants to look. This disregard of fairness in government disillusions Americans, who wonder if all lawmakers are crooks, not statesmen.

Among the ways the statesmen can regain the confidence of Americans while decreasing the influence of lobbyists and political action committees with fistfuls of dollars is by interacting more with the folks in their districts and states and less with Abramoff-clone lobbyists.

http://www.tracypress.com/voice/2006-01-05-our-voice.php

http://capitaleye.org/abramoff_recips.asp?sort=N

http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/041405/miller.html
Miller Calls for Probe into Abramoff's Marianas Dealings
By Josephine Hearn
Rep. George Miller (D-Calif.) today called for a congressional investigation into former lobbyist Jack Abramoff's dealings with the commonwealth of the Northern Marianas Islands, which Abramoff represented from 1994 to 2001.

Miller wrote a 7-page letter to Rep. Richard Pombo (R-Calif.), chairman of the House Resources Committee, which has jurisdiction over U.S. territories, asking that the committee exercise its appropriate oversight responsibilities without further delay to investigate a variety of allegations of improper behavior, including the overpayment for lobbying services, interference in territorial elections, interference in contract procurement, and the questionable payment of overseas trips for Members of Congress and staff. Abramoff has been at the center of a growing scandal over sizeable fees he and his associate Michael
Scanlon charged Indian tribes for lobbying and public relations. Two Senate committees, a federal taskforce and the Interior Department¹s inspector general are conducting separate investigations into the duo and their dealings with members of Congress and administration officials.

Abramoff arranged for House Majority Leader Tom DeLay (R-Texas) to visit the islands in December 1997 to tour textile factories. The commonwealth¹s government, an Abramoff client at the time, and the Saipan Garment Manufacturers Association paid for the trip.

A senior GOP aide to the Resources Committee said that the committee had seen Miller¹s letter, was still reviewing it and had no response at press time.

Miller and Abramoff have long been at odds over labor and immigration policy in the islands, with Miller contending that current laws are abusive to immigrant workers. Abramoff has represented garment manufacturers seeking to maintain the islands¹ exemption from certain U.S. immigration and labor laws.

Meanwhile, in other Abramoff-related news, watchdog group Citizens for Responsibility and Ethics in Washington launched a new web site, www.jackinthehouse.org, to chronicle Abramoff¹s association with various members of the Congress, lobbyists and conservative activist. The group is urging visitors to the web site to contact House ethics committee Chairman Doc Hastings (R-Wash.) and ask that the committee begin an investigation.

http://www.ktvu.com/news/5839523/detail.html
Miller: Abramoff Money Halted Sweat Shop Legislation

POSTED: 7:50 am PST January 4, 2006
UPDATED: 12:39 pm PST January 4, 2006

UNDATED -- East Bay Congressman George Miller just couldn't understand why his legislation to end sex and textile sweat shops in the Northern Mariana Islands -- a U.S. protectorate in the Pacific -- was being blocked in the House of Representatives. Now, he has his answer.

Miller had run into a roadblock allegedly thrown up by lobbyist Jack Abramoff.

"There is no question that Jack Abramoff is no run-of-the-mill lobbyist," Miller said on Mornings on 2. "The Mariana Islands were one of Abramoff's clients…The garment industry there was importing young men from China and elsewhere work in sweat shops…There's a sex rade…labor camps."

"I was trying to get legislation passed in the House," Miller added. "It passed out of committee in the Senate and had bi-partisan support. I just couldn't get it to the floor of the House of Representatives."

Miller said it was time to investigate why the legislation was being blocked.

http://www.badlandsjournal.com/old/getarch2.php?title=Blue%20dog%20in%20South%20Pacific
Blue Dog in South Pacific.

Delegation arrives for 2-day visit By Mark-Alexander Pieper Pacific Daily News;

mpieper@guampdn.com

TO THE POINT

* A congressional delegation arrived on island last night for a two-day a fact-finding trip.

A six-member congressional delegation visiting the Micronesia region on a fact-finding mission arrived on Guam last night for a two-day stay...

The delegation, accompanied by Secretary of the Interior Gale Norton and David Cohen, Deputy Assistant Secretary of the Interior for Insular Affairs, was greeted by local dignitaries at the island's commuter terminal adjacent to the Antonio B. Won Pat International Airport, Guam...

The delegation includes California Congressman and House Resources Committee Chairman Richard Pombo, Delegate Eni Faleomavaega from American Samoa, Reps. Frank Lucas, R-Okla., Jeff Flake, R-Ariz., Dennis Rehberg, R-Mont., Rep. Dennis Cardoza, D-Calif., and Guam Delegate Madeleine Bordallo. All are members of the resources committee with the exception of Lucas.

After the statements, the delegation was whisked away to a hotel. Media was denied interviews with the delegation.

Earlier yesterday, the Interior Department announced that Norton and CNMI Gov. Juan Babauta signed a grant that will provide more than $5.1 million to the CNMI to mitigate the impact of migration from the Federated States of Micronesia, Palau and the Marshall Islands.

"These funds will help the CNMI provide health, education and other social services to the citizens of the freely associated states who are permitted to migrate to the CNMI under the Compacts of Free Association," said Norton, who made her first visit to the Northern Marianas this week before arriving on Guam.

Capitaleye.org lists Rehberg received $30,000 and Lucas $2,500 from Abramoff operations.

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Lack of incentive

Submitted: Dec 30, 2005

It's very hard to see that the USDA has any incentive to properly monitor GMO crops, pharma or otherwise, considering they are so gung-ho in favor of them, along with the land grant universities whose "win-win public/private partnerships" with biotechnology corporations have produced them.

When the nation is going to wake up and discover this technology required serious public testing it never received remains a question based on the ability of lobbies and propaganda to bend perception. Using the example of genetic contamination, however, whatever is said from bent perspectives won't change inevitable facts. So far the critics have been right, every step of the way.
-----------------------------------

Investigators say the USDA lacks details on what happens with pharma-crops.

By PHILIP BRASHER
REGISTER WASHINGTON BUREAU
Des Moines Register, December 30 2005
http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20051230/BUSINESS01/512300334/1030

Washington, D.C. - The U.S. Department of Agriculture has failed to properly oversee field trials of genetically engineered crops, including plants designed to produce chemicals for medical and industrial uses, investigators say.

A report released Thursday by the USDA's inspector general said the department "lacks basic information" on where field tests are or what is done with the crops after they are harvested.

The report is the latest blow to prospects for developing an industry based on mass-producing pharmaceutical chemicals from genetically modified corn. Iowa Gov. Tom Vilsack once called the idea the "future of our state."

During the inspector general investigation, auditors found that two large harvests of pharmaceutical crops remained in storage at test sites without the USDA's knowledge or approval.

The investigators also said that in 2003 the department failed to inspect fields of pharmaceutical crops with the frequency that officials said they would.

"Current (USDA) regulations, policies and procedures do not go far enough to ensure the safe introduction of agricultural biotechnology," the report said.

The report "confirms the public's lack of confidence in the USDA to oversee pharmaceutical and industrial chemical crops," said Susan Prolman of the Union of Concerned Scientists, an advocacy group that has been critical of the agricultural biotechnology industry.

USDA officials said they have made a number of improvements since the investigation was done but disagree with some of the findings.

"We were addressing many of the issues as they were looking at the same issues," said Cindy Smith, deputy administrator for biotechnology regulatory services in the USDA's Animal and Plant Health Inspection Service.

She said violations cited in the report were minor. Also, the agency now does all the required inspections of pharma-crop sites, including one last summer near Burlington, Ia., she said.

The department is heeding one of the inspector general's suggestions and may make it mandatory for researchers to provide global positioning coordinates for test sites.

Smith's staff has grown from 23 to 65 since it was established in 2002.

The Agriculture Department oversaw 67,000 acres of biotech field trials in 2004, up from 8,700 in 1994.

Relatively little of that acreage is devoted to pharmaceutical or industrial crops, but there is special concern that those plants could contaminate conventional crops or get into the food supply.

A small biotech company, ProdiGene Inc., was ordered to pay more than $3 million in penalties and cleanup costs in 2002 after mismanaging field trials of pharmaceutical crops in Iowa and Nebraska.

Pharma crops are seen as a cheap way to mass-produce human and animal drugs. Corn has been the crop of choice because it is relatively simple to engineer and produces a lot of grain that can be easily stored and processed.

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Reform mood hits Valley

Submitted: Dec 19, 2005

Appropriate for the worst air quality basin in the nation, the San Joaquin Valley Air Pollution Control District last week decided the Valley would be the first region in the nation where developers must pay an air pollution fee for the new homes they build. While the amount of the fee, less than $800, which can be reduced by various mitigating factors, is a token that will be entirely passed on to home buyers, it establishes an important principle.

The Valley air pollution fee on new development acknowledges that the public has been subsidizing new development in the Valley as air pollution descended to Los Angeles standards and is now worse in some years. The Valley public has subsidized the new development with its own health, particularly the health of its most vulnerable citizens – children and the elderly. It has subsidized development with higher health care spending. The Valley public has subsidized growth in terms of deteriorating water quality and supply, sewer, water and road expansions. Valley children have subsidized growth by attending over-crowded, deteriorating public schools.

The Valley public has subsidized urban sprawl politically through the loss of representation of its elected officials, who for years have been distracted from their obligations to the general public by their obligations to developers, who make up the largest part of their campaign financing. The system whereby any developer, from the University of California to the national homebuilders to sand-and-gravel miners, automatically indemnifies the local land-use authority (city or county) from paying its own legal costs if the public sues the jurisdiction for violations of environmental law or public process has protected local land-use decision-makers from taking financial responsibility for decisions appellate court judges on occasion find absurd – unless the University of California is involved. How could UC say or do anything absurd?

Valley children are paying the highest price. Not permitted recess periods during the increasing number of bad air days; their asthma rate is a regional disgrace. What may be producing action on the air quality front is that childhood asthma has no decent respect for income levels, affecting the rich as well as the poor children of the Valley. But, due to developer political rigging in Sacramento, the children also pay because the developers do not pay an adequate amount of money for schools to keep up with growth.

The Central Valley Regional Water Quality Control Board recently refused to be intimidated by a Hilmar Cheese legal/public-relations campaign to make it back off fining the “largest cheese factory in the world” $4 million for polluted ground water. The board will soon hold a scooping meeting and public workshop to examine agricultural pesticide discharges into the Sacramento and San Joaquin rivers.

Tracy, hometown of Rep. RichPAC Pombo, under national attack for months,

authorized spending $60,000 to hire a consultant to write a plan that will identify potentially available land encircling the city's limits and address how the city can pay to keep that land pristine. If adopted, residents may continue to see acres of farmland and trees around town instead of unbridled roadways, rooftops and restaurants. (1)

It might be that the Pombo dynasty of real estate farmers is losing its grip on Tracy government. The leader of the local slow-growthers is Celeste Garamendi, state Insurance Commissioner John Garamendi’s sister.

The Stockton Record editorialized on Dec. 16 about preserving the Williamson Act to preserve agricultural land.

For 40 years, extraordinary measures have been taken to protect California farmland. This commitment is critically important now -- Since 1965, the Williamson Act has been the No. 1 device for conserving California's 30 million acres of agricultural land. More and more, its protections are under assault as homebuilders, developers and farmers seek ways to circumvent its restrictions. The Williamson Act is a relatively modest program that has been successful in protecting and preserving agricultural land in a state whose economy depends so heavily upon it. It's been especially important in the fertile San Joaquin Valley. There's no reason it shouldn't remain California's agricultural sentinel for 40 more years. (20)

Modesto Bee editor Marc Vashe wrote a tribute to Ralph Brown, former speaker of the state Assembly from Modesto, who wrote the Brown Act protecting the public’s right to access to governmental decisions. Brown retired after a successful legislative career of nearly 20 years, the last three as Assembly speaker. Jesse Unruh succeeded him. John Williamson was elected to the state Assembly in the early 1960s from Bakersfield. He seemed only to have served long enough to get the agricultural conservation law passed, when only years later came to bear his name.

Little is heard from the other half of the bipartisan environmental law gutting team that farmers are calling O Pomboza, Rep. Dennis Cardoza, Shrimp Slayer-Merced. A consortium of local, state and national groups filed suit against the US Fish and Wildlife Service yet again last week on its latest truncated, politically coerced, critical habitat designation for the 15 endangered and threatened species living in or close to the vernal pool wetlands. The largest fields of contiguous vernal pools in the nation lie in Cardoza’s district. So far, his several bills to damage or destroy the designation under the Endangered Species Act have failed but his finger prints are visible on the various slashed versions of the designation since Cardoza went to Congress in 2003.

Meanwhile, The Shrimp Slayer has a bit of a mess on his hands in his local office on the third floor of the Merced County Administration Building. A few weeks ago, the county announced Ruben Castillo, county counsel, would be leaving, after a lackluster defense of county policies in a number of lawsuits. Today, the rumor was that Planning Director Bill Nicholson has been demoted to assistant planning director. The new planning director, the story goes, comes from fast-growing Henderson, Nevada, where (s)he has doubtlessly burned the midnight oil studying the California Environmental Quality Act.

And UC Merced still does not have its Clean Water Act permits from the Army Corps of Engineers to expand northward onto the Virginia Smith Trust land where its Long Range Development Plan said it would. This leaves the option of expanding onto the land presently designated for the University Community.

Cardoza, whose political mentors appear to be Tony “Honest Graft” Coelho and Pombo, has worked hard to corrupt both the Brown and the Williamson acts in Merced County on behalf of UC Merced and developers. That kind of reputation might be coming around to bite him if the reform mood surfacing in the Valley gathers any momentum.

Notes:

(1) Tracy to plan for open spaces...Rick Brewer...12-18-05
http://recordnet.com/apps/pbcs.dll/article?Date=20051218&Category=NEWS0101&ArtNo=512180351&SectionCat=&Template=printart

(2) Keep saving the land...Editorial...12-16-05
http://recordnet.com/apps/pbcs.dll/article?Date=20051216&Category=OPED01&ArtNo=512160333&SectionCat=&Template=printart

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Environmental groups sue Interior again on vernal pool critical habitat

Submitted: Dec 17, 2005

December 13, 2005
Broad Coalition of Conservation Organizations Challenges Inadequate Habitat Protections for Wetland Species and Habitats
Note: A PDF copy of the complaint is available at: http://becnet.org/documents/complaint_vernal_pool_200512.pdf

Chico, CA – Butte Environmental Council, the California Native Plant Society, Defenders of Wildlife, San Joaquin Raptor/Wildlife Rescue Center, Vernalpools.Org, and Sierra Foothillls Audubon Society have filed a complaint against the U.S. Department of the Interior over its second, Final Vernal Pool Critical Habitat Rule for 15 endangered and threatened vernal pool plants and animals found in California and Oregon. On August 11, 2005 Interior designated 858,846 acres of critical habitat in the Final Rule, eliminating almost 900,000 acres that were proposed in the original 2002 Draft Rule. The 2005 rule is a result of litigation also filed by some the current plaintiffs over the elimination of more than one million acres of VPCH for the 15 species and five entire counties.

In the 2005 final critical habitat designation, Interior unlawfully relied upon a flawed analysis of economic impacts that overestimated potential costs of critical habitat designation, as well as underestimated and disregarded potential benefits of designation. Additionally, Interior unlawfully excluded many areas, including National Monuments, National Wildlife Refuges, and lands overlapping with habitat conservation plans, based on inadequate existing protections.

“While Interior added some VPCH to the five excluded counties, others like Placer and Stanislaus were decimated based on a political agenda, not economics, which leaves them open to this legal challenge,” stated Barbara Vlamis, Executive Director of Butte Environmental Council (see charts below). “Not only did Interior’s Economic Analysis overstate economic costs, it also ignored the economic benefits associated with the protection of vernal pool grasslands, such as providing educational and recreational opportunities, infrastructure support services, ranching, tourism, and economy of scale by covering 15 species in one rule,” declared Vlamis.

To illustrate the overstated conclusions in the Economic Analysis, Butte County’s projected costs were $152 million over 20 years. Even if one accepts the economic methods used, which the plaintiffs do not, this translates into a microscopic 0.17% per year when compared with the annual economic output of the county, $7.36 billion (IMPLAN 2001). “Excluding any of the proposed VPCH is not justified by the economic analysis that led to this Rule,” stated Carol Witham, President of the California Native Plant Society.

Designating critical habitat for federally listed species is important for the recovery of listed species because it clearly identifies the areas essential for their recovery. These critical habitat maps are essential to providing information for statewide and local conservation planning efforts. “The decision to eliminate nearly 1 million acres of vernal pool critical habitat, including lands in Fresno, Placer, San Luis Obispo, Stanislaus, and Tehama counties, may very well prevent the recovery of these 15 imperiled species,” stated Kim Delfino, California Program Director, Defenders of Wildlife. “At a minimum, it means its open season again for developers for those excluded vernal pool grasslands,” continued Delfino.

If recovery is to occur, the remaining range of the 15 vernal pool species must not only be protected, it must expand. Vernal pools are unique depressional wetlands that fill and dry every year. The eight endangered and seven threatened species are currently listed due to the severity of vernal pool destruction in California and Oregon. As the 2002 Proposed Rule indicated, noted vernal pool expert Robert Holland estimates that close to 75% of the Central Valley’s vernal pool habitat was lost by 1997; the central coast has lost at a minimum 90%; southern California’s losses exceed 95%; and Oregon has had 60% destroyed with 18% of the extant habitat considered intact (2002). More recent estimates place the habitat losses at over 90% throughout the historic range of vernal pools (Wright 2002).

Contacts
Butte Environmental Council
Barbara Vlamis, Executive Director
(530) 891-6424

California Native Plant Society
Carol Witham, President
(916) 452-5440

Defenders of Wildlife
Kim Delfino, California Program Coordinator
(916) 313-5800

San Joaquin Raptor and Wildlife Rescue Center
Lydia Miller, President
(209) 723-9283

Vernalpools.Org
Carol Witham
(916) 452-5440

Sierra Foothillls Audubon Society
Ed Pandolfino, Placer County Conservation Chair
(916) 486-9174

Background

A January 14, 2002 decision by the U.S. Supreme Court upheld the ruling by the District of Columbia Court of Appeals affirming the protection of four federally listed fresh water crustaceans under the Endangered Species Act. The species were listed under the Endangered Species Act by the Interior Department’s U.S. Fish and Wildlife Service (Service) in September 1994. The California Building Industry Association sued to try to reverse the species’ protection in 1995. Two California organizations, the Butte Environmental Council (BEC) and the Environmental Defense Center of Santa Barbara, supported the listings as interveners all the way to the Supreme Court.

Judge Paul Friedman of the U.S. District Court of Columbia issued the initial ruling on July 29, 1997 that rejected the BIA request to de-list the shrimp, but his decision supported their petition requiring the Service to designate critical habitat for the shrimp species. When the Service failed to respond to the court’s direction, BEC sued on April 12, 2000 for critical habitat designation for the four crustaceans. On February 9, 2001, the District Court for the eastern district of California ordered the Service to complete a final critical habitat designation for the crustaceans. The Service requested an extension of one year past the court ordered deadline and BEC concurred when the negotiations created a more comprehensive benefit for the habitat by including 11 vernal pool plant species.

On August 6, 2003 the Bush administration issued the final critical habitat rule and justified the removal of one million acres and six counties on economic grounds. Their analysis was feeble and concentrated almost exclusively on the economic costs over the economic benefits, illuminating its bias. The list of economic benefits of the critical habitat designation that were ignored by Washington is quite extensive and includes flood control, water quality, tourism, animal husbandry, hunting, recreation, education, and all the species in the food chain. The counties omitted from the 2003 critical habitat designation are: Butte, Madera, Merced, Riverside, Sacramento, & Solano.

The counties with acreage in the 2003 critical habitat designation are: Alameda, Amador, Calaveras, Contra Costa, Fresno, Glenn, Kings, Lake, Lassen, Mariposa, Mendocino, Modoc, Monterey, Napa, Placer, Plumas, San Benito, San Luis Obispo, Santa Barbara, San Joaquin, Shasta, Stanislaus, Tehama, Tulare, Tuolumne, Ventura, Yolo, Yuba, and Jackson County, Oregon.

In January 2004, BEC, the California Native Plant Society, and Defenders of Wildlife filed suit challenging the 2003 VPCH Final Rule over the elimination of more than one million acres of VPCH for the 15 endangered and threatened vernal pool plants and animals and five entire counties.

Table 1. Covered Species Status and Listing Dates

Common Name Scientific Name Date Listed Status
Conservancy fairy shrimp Branchinecta conservatio September 19, 1994 E*
longhorn fairy shrimp Branchinecta longiantenna September 19, 1994 E
vernal pool tadpole shrimp Lepidurus packardi September 19, 1994 E
vernal pool fairy shrimp Branchinecta lynchi September 19, 1994 T*
Butte County meadowfoam Limnanthes floccosa ssp. Californica June 8, 1992 E
Colusa grass Neostapfia colusana March 26, 1997 T
Contra Costa goldfields Lastenia conjugens June 18, 1997 E
Greene's tuctoria Tuctoria greenei March 26, 1997 E
Hairy orcutt Orcuttia pilosa March 26, 1997 E
Hoover’s spurge Chamaesyce hooveri March 26, 1997 T
Sacramento orcutt Orcuttia viscida March 26, 1997 E
San Joaquin Valley orcutt Orcuttia inequalis March 26, 1997 T
Slender orcutt Orcuttia tenuis March 26, 1997 T
Solano grass Tuctoria mucronata September 28, 1978 E
Succulent (or fleshy) owl's clover Castilleja campestris ssp. succunlenta
March 26, 1997 T
(E* = endangered; T*=threatened)

Table 2. 2005 Rule acreage restored to counties indiscriminately omitted in the 2003 rule

County Proposed Acreage 2003 Rule Acreage 2005 Rule Acreage
Butte 58,849 0 24,247
Madera 95,802 0 48,359
Merced 194,335 0 147,638
Sacramento 68,820 0 37,098
Solano 67,961 0 13,415

Table 3. Counties that lost the valuable VPCH designation in the 2005 Rule

County Proposed Acreage 2003 Rule Acreage 2005 Rule Acreage
Fresno 32,218 32,228 19,200
Placer 58,849 32,134 2,580
San Luis Obispo 64,171 64,378 48,134
Stanislaus 132,708 128,035 67,462
Tehama 130,752 130,691 102,837

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Bad Thanksgiving ahead

Submitted: Nov 20, 2005

The first article, “The US Has Lost; Let’s Leave,” succinclty states the honest, common-sense case against the war. The second, a statement by Sojourner founder, Jim Wallis, expresses the national wrath about all that is being forgotten as this bloody spectacle in the Mideast blows apart. Wallis reminds us that that the war, like wingnut threats to start another one in Syria or Iran, distracts our attention from the deep moral problem of how these despicable little bullies manage the national budget.

Things are very bad this Thanksgiving. Military commanders are trying to get US troops out of Iraq and the administration is not permitting it because they see every dead American soldier as political cover. Meanwhile national debt and balance of trade are dangerously askew, the speculative housing boom, the source of an unhealthily large percentage of (temporary) employment, particularly in California, is also slowing as interest rates rise. The president has escaped to Asia this weekend to lecture China on its human rights, trade policies and deplorable religious immaturity.

"I look forward to frank discussions on Sunday with President Hu about our need to find solutions to our trade differences with China," Bush said in his weekly radio address on Saturday.

"Access to American markets has played an important role in China's economic development," he said.

Bush will also urge Hu to allow greater religious freedom in China, a message he will underscore by starting his day at Sunday services at the Gangwashi Church, one of five officially recognised Protestant churches in Beijing.

U.S. officials were not happy when a Chinese court recently sentenced a Protestant minister, his wife and her brother to prison terms of up to three years for illegally printing Bibles and other Christian publications.

"Of course, it's Sunday so the president will want to worship," said Mike Green, Asian affairs director at the White House National Security Council. "But it's also important that the world see and that the Chinese people see that expression of faith is a good thing for a healthy and mature society." (1)

The US trade deficit, particularly, has raised worries among economists, and it relates directly to decisions China makes about its currency valuation. (2)

The trade deficit remains a trouble spot for the U.S. economy as it widens to new record highs in 2005. Since this deficit has to be financed by borrowing abroad, the question arises as to how long foreign lenders, particularly China, Japan, the UK, Taiwan and Germany, will lend to the U.S. at comparatively low interest rates. A widening trade deficit could ultimately put increasing pressures on U.S. interest rates, thus potentially contributing to an economic slowdown.

Bill Hatch
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The US Has Lost; Let's Leave
Murtha and the L Word
By DAVE LINDORFF
Counterpunch.com – Nov. 18, 2005

Rep. John Murtha, the decorated Vietnam and Korean War Marine vet and conservative Pennsylvania Democrat who stunned Bush administration and Republican congressional warhawks and Democratic go-alongs like Sens. Hillary Clinton, John Kerry and Joe Biden alike with his call for an immediate U.S. pullout from Iraq, left unsaid one important word in his dramatic turnaround announcement: defeat.

But that's the real message of his change of heart from Iraq War backer and booster to peacenik.

The war begun by President Bush with such bravado and so little braino, which was designed to convert him from a dismal president to a crisp and awe-inspiring commander-in-chief, has been lost.

The nearly 2100 Americans who have died so far to help the president get re-elected, to make him look like a leader, and to provide cover for his criminal executive power grab, have died for nothing.

An unorganized bunch of insurgents armed with nothing but raw guts, aging Soviet-era rifles, and home-made explosives, have routed the most powerful military machine the world has ever known.

There will be efforts to cover up this astonishing defeat, just as there were efforts made by the Nixon and Ford administrations to hide the fact that the U.S. was defeated in Indochina, too, but the truth is clear.

American military might can destroy a country. It can kill hundreds of thousands of innocent civilians. It can sow terror through the use of indiscriminate use of such WMDs as DU explosives, phosphorus bombs, helicopter and fixed-wing gunships and computerized drones and missiles. But it cannot defeat a concerted popular resistance.

The American military, according to some generals, is once again, as it was during the Vietnam War, falling apart. Recruitment is collapsing, both for the regular Army and Marines, and for the reserves and the National Guard. Parts and even ammunition are in short supply. Morale is at an all time low and sinking.

Who in Iraq would want to die for Bush and Cheney at this point? And yet they keep on dying.

Murtha has it right. It's long past time to call the whole disastrous thing off. The Bush-Cheney mantra of "stay the course" is the desperate cry of two mad men caught in a trap of their own making--two men who are perfectly willing to send thousands more American soldiers to their deaths, and to slaughter tens of thousands more innocent Iraqis, in order to cling to power and to defer a final reckoning for their crimes.
They cannot be permitted to do this.

The war is lost. Iraq has been destroyed and will have to be helped for a long time to allow its people to recover somehow from the devastation caused by decades of brutal dictatorship, American-led sanctions and America's war of aggression and criminal occupation. The broken military will have to be returned home and made into something appropriate for a world that settles disputes diplomatically, not by unilateral acts of violence and terror. Finally, the veterans of this war will need help recovering from the horrors they were forced to participate in and from the physical and psychic wounds they have endured.

Meanwhile, the political leaders who brought all this about must be called to account. Either they apologize, as growing numbers of Democrats (and some Republicans) have begun to do, like Murtha and vice-presidential candidate John Edwards have done, or they must be ousted. Half steps like Kerry's admission that his pro-war vote and his pro-war campaign were mistakes, after which he then trashed Murtha on Hardball, won't do. As for the criminal authors of this war-Bush, Cheney, Defense Secretary Donald Rumsfeld, Secretary of State Condoleeza Rice and others--they should be impeached or indicted as appropriate.)

The first step will be admitting that the US has been defeated in Iraq. Murtha is right that the troops did what was asked of them, but their sacrifices were for naught. The war is lost.

Then we can begin the blame game in earnest.
-------
Dave Lindorff is the author of Killing Time: an Investigation into the Death Row Case of Mumia Abu-Jamal. His new book of CounterPunch columns titled "This Can't be Happening!" to be published this fall by Common Courage Press. Information about both books and other work by Lindorff can be found at www.thiscantbehappening.net.
--------------------------------------------------------

As Nation Prepares for Thanksgiving, Jim Wallis and 45 Religious Leaders to Hold Faith Summit on Poverty Nov. 21

11/18/2005 5:29:00 PM

To: Assignment Desk, Daybook Editor

Contact: Jack Pannell of Sojourners, 202-745-4614 or 202-285-1899 (cell)

News Advisory:

What: Roundtable with the Media (Jim Wallis and several religious leaders will discuss the tragic meaning of House Budget vote during the season of Thanksgiving).

When: Monday, Nov. 21, 12 noon until 1 p.m.

Where: Jury's Hotel, 1500 New Hampshire Ave., Washington, D.C.

Jim Wallis, founder of Sojourners and Convener of Call to Renewal, made the following the statement today on the narrow passage of the House Budget Reconciliation Bill.

STATEMENT BY JIM WALLIS:

"The prophet Isaiah said: 'Woe to you legislators of infamous laws ... who refuse justice to the unfortunate, who cheat the poor among my people of their rights, who make widows their prey and rob the orphan.' Today, I repeat those words. When our legislators put ideology over principle, it is time to sound the trumpets of justice and tell the truth.

"It is a moral disgrace to take food from the mouths of hungry children to increase the luxuries of those feasting at a table overflowing with plenty. This is not what America is about, not what the season of Thanksgiving is about, not what loving our neighbor is about, and not what family values are about. There is no moral path our legislators can take to defend a reckless, mean-spirited budget reconciliation bill that diminishes our compassion, as Jesus said, 'for the least of these.' It is morally unconscionable to hide behind arguments for fiscal responsibility and government efficiency. It is dishonest to stake proud claims to deficit reduction when tax cuts for the wealthy that increase the deficit are the next order of business. It is one more example of an absence of morality in our current political leadership.

"The faith community is outraged and is drawing a line in the sand against immoral national priorities. It is time to draw that line more forcefully and more visibly."

http://www.usnewswire.com
-----------------------

Notes:
(1)http://www.swissinfo.org/sen/swissinfo.html?siteSect=143&sid=6252371&cKey=1132444232000

(2) http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=1171451

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The ownership political economy

Submitted: Nov 11, 2005

Karl Rove, “Bush’s brain,” wanted to send the American economy back to his personal golden age, the McKinley administration, when Cleveland businessman Marcus Hannah played the role of “McKinley’s brain,” encouraging the obscene enrichment of big business trusts as Rove, Bush and Cheney have done for corporations like Halliburton, Bechtel, Enron, etc. McKinley started the Spanish-American, our first major, extra-territorial imperial war. In retrospect, it makes sense they were talking about invading Iraq long before 9/11.

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For lack of a titled nobility

Submitted: Nov 04, 2005

For lack of a titled nobility

We just have no noble titles available for global liars who slaughter other peoples’ children; our deteriorated democracy has no proper social reward for the size of their whoppers, spouting geysers of innocent blood.

Bill Hatch
Oct. 31, 2005

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