Judge Blocks Pipelines: Scolds Parks Permitting

[laserhaas]

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NPR Reports that -

Quoting 'The Lorax,' Court Pulls Permit For Pipeline Crossing Appalachian Trail

Stating:

A federal appeals court has thrown out a power company's permit to build a natural gas pipeline across two national forests and the Appalachian Trail – and slammed the U.S. Forest Service for granting the approvals in the first place.

In a decision filed Thursday by the 4th U.S. Circuit Court of Appeals in Richmond, Va., a three-judge panel declared the U.S. Forest Service "abdicated its responsibility to preserve national forest resources" when it issued permits for the Atlantic Coast Pipeline to build through parts of the George Washington and Monongahela National Forests and a right of way across the Appalachian Trail.

"This conclusion," they wrote in a unanimous judgment, "is particularly informed by the Forest Service's serious environmental concerns that were suddenly, and mysteriously, assuaged in time to meet a private pipeline company's deadlines."

The judges cited Dr. Seuss' The Lorax: "We trust the United States Forest Service to 'speak for the trees, for the trees have no tongues.'"

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[2naSalit]

1. A very serious and important point needs to be recognized here...

The is a federal public lands stewardship issue and the judicial panel was correct in their decision because the representatives of the USDA-FS did not operate under the rules of process nor did they observe the laws they are supposed to follow when deciding on permits of such capacity which means they violated their general mission.

The agency is charged with administering our public lands for us and they have, by corruption of higher offices within and governing this agency, decidedly changed their mission to serve corporate interests gather than We, the People. I have sued the USDA-FS for such failings in the past as an executive board member of an organization, and we won.

When dealing with federal stuff, like public lands management - a spoke in my wheelhouse, it says right in the opening segments to almost all of the policies governing these properties, that any dispute regarding these policies requires redress in the federal court system = you have to sue the agency in federal court for any legal change to a policy or argument in favor of clarification and interpretation. In this case, it was obvious that there was a noticeable change in practice within the agency and its responsibilities that turned away from the agency's mission identifying those responsibilities so the panel was right to issue this statement justifying their decision. It also adds clarity avoiding costly hearings to clear up any questions about what they meant when they issued this decision.

[laserhaas]

2. Thank you for your proactiveness

[2naSalit]

3. For suing the FS?

We had to since nobody dared go there, we sued them and a state for violating the Wilderness Act in a Wilderness Area. I worked for the agency in recent years and admitted to my superiors who I am and what I participated in and their response was,"Good. Sometimes we need to be sued because of bad policies or ambiguities in policies that force us to make decisions we shouldn't make." And that is why we sued, it's why anyone sues over policies and decisions.

I faced a lot of grief from opponents so I will say, you're welcome. Now I'm retired, except for special invitations to speak or interact in a policy formulation process.

[laserhaas]

5. Most ask me to STFU about Romney/ Bain & GSachs frauds

I've sued and sued and sued (appeals in our eToys case, sued Romney for Racketeering and sued Trump to block Jay Clayton to be head of SEC).

Unfortunately, I failed to save Toys R Us; but I'll never regret trying.

Most are obtuse to battles against injustice; which is a sad state of affairs.

If no one fights - the bad guys have no reason to yield.

Thank you for your service.

p.s. - would like to know the case specifics of your win.

[Raven]

4. "We are the Lorax...."

He wrote this back in July:

https://truthout.org/articles/we-are-the-lorax-we-speak-for-the-trees/