Tuesday, October 26, 2010

Appeal Begins at Pg. 2

An appeal from a decision of the BLM pursuant to a Resource Management Plan (RMP) must be taken within 30 days of the FINAL decision. (Record of Decision or ROD)

The original must be sent to:

U.S. Department of the Interior
Office of Hearing & Appeals
801 N. Quincey St, MS-300-QC
Arlington, Va. 22203
Phone (703) 235 - 3750
Fax: (703) 235 - 83 49

a copy to the BLM Regional Office

(whos decision your are appealing)

and a copy to:

The Regional Solicitor's Office

Pacific Southwest Region
U.S. Dept of the Interior
2800 Cottage Way, E-1712
Sacramento, Calif 95825

*Check to make sure this is the correct Regional Solicitor for your area- you can call the IBLA and they will let you know the proper one. Their number is listed above.

*Also, you can fax these documents in but be sure and indicate clearly that you are sending a hard copy too.

* Also please note that you can click on these documents to enlarge, and click again to make them even larger

The Appeal

The format I have used is to outline the reasons you believe the decision is in error or wrong,by using the "heading" and/or "sub-heading" method(s) as seen in the document below.

The appeal should be based on matters of law such as (1) the RMP was not issued in compliance with law, (2) the RMP did not discuss a wide range of alternatives (3) the land studies used in the RMP are not based on reliable info, (4) the RMP did not take into consideration any other use of the land that may be contributing to rangeland dedgradation,...etc.etc.

You should use this format for your LEGAL challenges to the decision, but can "slip" your PROPOSAL in at the end as a suggestion for alternative action.

Appeal Pg. 3

Appeal Pg. 4

Petition for a Stay Pg. 5

A Petition for a Stay of Action is seperate from an appeal, and is optional but if you decide to petition for a stay (pending the outcome of the appeal) it can be submitted at the same time as the appeal, just make sure to mark it seperately as you see below. Also take note that there are only FOUR grounds on which a stay can be granted, (as outlined below) so try to focus your arguments around those;

Petition for a Stay Pg. 6

BLM Response Pg. 7

BLM Response Pg. 8

BLM Response Pg. 9

BLM Response Pg. 10

BLM Response Pg. 11

BLM Response Pg. 12

BLM Response Pg. 13

BLM Response Pg. 14

BLM Response Pg. 15

BLM Response Pg. 16

BLM Response Pg. 17

IBLA Decision Pg. 18

IBLA Decision Pg. 19

IBLA Decision Pg. 20

IBLA Decision Pg. 21

IBLA Decision Pg. 22

IBLA Decision Pg. 23

Thursday, July 8, 2010

Suing the DOD for Violation of The Symington, Glenn, and Pressler Amendments

The U.S. must stop providing the weapons and ammunition with
which Israeli's kill women, children and old men, all in the
name of "self-defense." Israel's border stretches to where
ever the Israelis want, regardless of International Law.
...Israel & its victimhood syndrome, is never ending."
"US aid to Israel is actually illegal under American law. 1
-'The US Foreign Assistance Act (FAA) and the US Arms
Export Control Act (AECA) strictly forbid the government from
giving military assistance to any country that violates
internationally recognized human rights. The State Department's
2001 human rights report states: 2. ----The Elephant in the
room -- The Symington Glenn and Pressler Amendments. The
Symington Glenn and Pressler Amendments prohibit aid to
countries that develop or traffic in Nuclear weapons and do not
sign up to the Non-Proliferation Treaty. Israel never signed
the Treaty. http://www.huffingtonpost.com/users/profile/mathew"

Saturday, April 10, 2010

Gov't Biggest LawBreaker

Measured just by the number of victims, there is no close second place to government as the biggest lawbreaker. Measured in terms of impact, government lawbreaking is disabling our entire society.

When an individual or collection of individuals (such as a business) violates the law, there are victims who are harmed directly, and the law provides remedies. The law also recognizes that lawbreakers create harm to society as a whole, since the costs of lawbreaking are borne by society as well as by the direct victims. The law therefore exacts civil or criminal punishments on lawbreakers.

When government breaks the law, not just individuals, but entire industries are often the direct victims. Government lawbreakers, however, are not subject to the same standards as are individuals. Government lawbreakers have become arrogant, and government lawbreaking has therefore proliferated. If government were held to the same standards of legal sanctions for individuals, the weight of those punishments would actually crush government.

The question is: What can we do about government lawbreaking?

Philosopher John Locke wrote that the punishment should fit the crime, but that the purpose of criminal laws should be reparation and restraint. Those standards generally apply to non-criminal lawbreaking. That is, the punishment should require the injured to be made whole, if possible, and should be strong enough to discourage lawbreaking in the first place.

When individuals or collections of individuals violate the law, the number of direct victims is limited. When government violates the law, the number of direct victims is unlimited. Government has in place police forces, prosecutors, and a legal system to bring individual lawbreakers to justice. That same system does not protect society well when government breaks the law.

Government has established rules to protect itself against the calamities that would befall it if it were subject to the same levels of reparations and penalties for lawbreaking as apply to individuals. For example, governments have passed sovereign immunity laws making reparations for lawbreaking by government nearly impossible to achieve in many cases.

The system shields government from reparations for individuals. That makes restraints on government even more important. The Constitution was established with restraints in mind by expressly delegating only certain powers to the federal government. When constitutional restraints on government are ignored, the floodgates to government lawbreaking are opened wide.

That's the philosophical view. As a lawyer who regularly battles government lawbreaking, I can tell you that as a practical matter, it's much uglier and more mischievous. It's a problem embedded in the political establishment and the unelected regulatory bureaucracy. It's a disease of unparalleled magnitude, yet it is too rarely addressed even in print.

Just looking at some examples shows how disproportionate the system is against private lawbreaking versus government or public lawbreaking.

Bernie Madoff is in prison for defrauding many investors using a Ponzi scheme. The Social Security system has been pillaged. It is actually the world's biggest Ponzi scheme, but nobody has been punished.

Toyota is facing an auto industry record $16.4-million fine for failing to notify the government about defects. Would automakers Chrysler or Chevrolet, whose owners include the United States government, face fines of similar magnitude if they had engaged in the same conduct? The answer to that, of course, requires speculation.

But what if the Environmental Protection Agency is found to have violated the law by regulating greenhouse gas emissions of automobiles? The EPA was recently sued by Virginia Attorney General Ken Cuccinelli for that reason. Not a single automobile maker could violate the law for every car owner, but one government agency could, and probably did.

If a health insurance company were to violate the law, its victims would be limited to its policy holders. The individual mandate under ObamaCare is being challenged as unconstitutional and therefore unlawful as affecting every American.

After passage of ObamaCare, several companies announced their assessments that the new law would cost them hundreds of millions of dollars. Those announcements were made in compliance with the law, yet some Democratic members of Congress have demanded the company executives and their records for a hearing. That is the stuff of totalitarianism: punishing private compliance with the law when government is violating the law with impunity.

People often feel powerless to challenge government when it violates our paramount law, the Constitution -- and never mind the everyday, less visible violations of statutory and regulatory law by government. How do you fight Leviathan?

In the case of the executives called to testify before Congress, they and their lawyers could easily become heroes by going on offense at the hearing. Instead of testifying on their heels, they should identify the abominations in ObamaCare, expose the contributions received by the Democrats who called them to testify, and generally use the microphones to expose the hearing for what it is -- a circus. This is their Howard Hughes moment. Hughes, testifying before Congress, exposed his interrogators for the corrupt, incompetent politicians they were.

We're also starting to see more citizens organizing and challenging government. The legitimate application and enforcement of the Constitution is a main thrust of these new activists. Recently, Tea Party groups even formed a National Tea Party Federation to have a rapid response to the liberal media, which have aided and abetted government lawbreaking.

As people come to realize the government is the biggest lawbreaker, we may see the rise of a new breed of politicians and law enforcement officials who see their jobs as not merely tackling private sector lawbreakers, but tackling government lawbreakers as well. That may even be the big, innovative campaign promise that will sweep many new officials into office and sweep out incumbents who have tolerated, fostered, or engaged in government lawbreaking.

It's important to start, however, just with the recognition that government is by far the biggest lawbreaker in society. Solutions will continue to evolve from that.

Click on title above for original article;


Friday, March 26, 2010

Hundreds of Millions of Dollars Spent to Maintain Crumbling, Vacant Government Buildings

A Look at Federal Buildings Across the Nation Wasting Taxpayer Dollars


Right in the heart of Washington, D.C., sits Federal Building Number 8 -- taxpayer owned and empty since 2002. The building doesn't look like much, but the real estate couldn't be more prime. The Capitol building is so close you can see it reflected in its windows.

Jon Karl reports on the millions spent to maintain empty government buildings.
The property alone is worth $100 million but the government is not making a penny off the building -- which stretches an entire city block.

The General Services Administration (GSA) is in charge of this building and many others and says that the government vacancy rate is actually lower than the private sector's. The GSA says it has plans to renovate the building, but it has sat empty for almost a decade.

"We had to wait to get funding for design and construction from Congress, that's the way this thing works," Bob Peck, GSA commissioner of public buildings, said.

Click on title above for rest of story;

Wednesday, March 24, 2010

False Claims Act will get boost from reform

Healthcare fraud: March 24, 2010 — 2:44pm ET By Caralyn Davis

Over the past several weeks, the U.S. Department of Justice (DOJ) has announced several fairly significant False Claims Act (FCA) settlements with healthcare providers, and such settlements could begin arriving at warp speed in the coming years now that the Patient Protection and Affordable Care Act has strengthened the FCA, according to the Taxpayers Against Fraud (TAF).

"Congress has stepped in to send a clear signal that it intends to wage a serious and protracted battle against fraud," says TAF President Jeb White. "We are especially pleased that Congressman Howard Berman (D-Calif.) and Senator Patrick Leahy (D-Vt.) recognized the need to clarify the public disclosure language of the False Claims Act in order to prevent fraud feasors from gutting meritorious cases. Congress has quite correctly decided that the U.S. Department of Justice should be the first decider when it comes to public disclosure decisions, rather than those engaged in lying, stealing and cheating U.S. taxpayers. In addition, the legislation underscores that health care providers engaged in kickbacks are also subject to the False Claims Act."

The new law provides only an extra $10 million a year to fight health fraud. However, the still-pending Health Care and Education Reconciliation Act of 2010 (H.R.4872), if passed by the Senate, could increase funding for health care law enforcement by $250 million over the next 10 years.

Recent FCA settlements include the following:

Florida healthcare provider Melbourne Internal Medicine Associates P.A. (MIMA) and an individual physician will pay $12 million for allegedly submitting false claims for certain radiation oncology services to Medicare and the military's health care program, TRICARE. MIMA was accused of billing for services not supervised, duplicate and unnecessary services, services not rendered and upcoded services.

New Jersey-based Robert Wood Johnson University Hospital - Hamilton will pay $6.35 million to settle allegations that the hospital defrauded Medicare by inflating its charges to Medicare patients to obtain larger reimbursements.

Rush University Medical Center in Chicago will pay more than $1.5 million to resolve FCA allegations that the facility submitted false claims to Medicare due to leasing arrangements with physicians that violated

To learn more about the impact of the Patient Protection Act:
- read the TAF press release

To learn more about the Florida settlement:
- read the DOJ press release

To learn more about the New Jersey settlement:
- read the DOJ press release

To learn more about the Illinois settlement:
- read the DOJ press release

Read more: http://www.fiercehealthfinance.com/story/healthcare-fraud-false-claims-act-will-get-boost-reform/2010-03-24?utm_medium=nl&utm_source=internal#ixzz0j7gen8Uu