ANTI-CONSERVATION IN THE UPPER MIDWEST
Anti-Conservationism is active in varying degrees throughout the upper
midwest. That activity ranges from near invisibility in Illinois, where
there are no self-identified Anti-Conservation groups, but where Big Agriculture,
in the form of the National Cattlemen's Association and the Illinois Farm
Bureau Federation, has long been a major player in state politics, to Minnesota
and Michigan, where proponents of the so-called "county movement"
seek to repudiate the legitimacy of federal authority over federal public
lands.
The following is a state-by-state account of the issues which have
attracted Anti-Conservation activity, the nature of that activity, the
groups and individuals involved, the issues around which they are active,
their tactics and their effectiveness. This information was gained from
interviews with people active to varying degrees in conservation and environmental
organizations throughout the region.
MICHIGAN
Anti-Conservationism is alive and well in both the Upper and Lower
Peninsulas of Michigan. In the Upper Peninsula, the more sparsely populated
and less developed part of the state, it is most prominently represented
by advocates of county supremacy - the 10th Amendment Argument. This argument
employs substantial legal and logical gymnastics to reach the conclusion
that specific, local applications of such federal legislation as the Endangered
Species Act or the National Environmental Policy Act must conform to "local
custom and culture."9 In practice this means that if local custom
and culture includes acceptance of clear cut logging or dumping mine tailings
into the nearest body of water, then those practices should be allowable
under federal regulations which would otherwise prohibit them.
According to County Supremacists a critical element of the plan is
formal adoption of a "county custom and culture plan" designed
explicitly to guide the county's natural resource decisions. Once this
plan is in place, strict enforcement of federal policies concerning natural
resources must yield to local custom and culture as expressed in the local
plan. The potential for conflict between these ordinances and national
law is obvious; that's the whole idea. Courts that have reviewed these
ordinances have been unanimous: they are unconstitutional attempts to disregard
federal authority. But this hasn't deterred hard-core supporters of the
10th Amendment argument.
Such a plan is under consideration in Ontonagon County, on the Keweenaw
Peninsula of northern-most Upper Michigan. The Keweenaw is a naturally
beautiful but economically depressed area with a history of boom and bust
economic cycles attributable to the extractive industries of logging and
mining. Despite the nature of these industries and their inherent cycles,
the residents of this area have been quite receptive to the argument that
federal regulations operate to the disadvantage of the local citizenry,
and must therefore be weakened, if not eliminated altogether.
The introductory language of Ontonagon County's Model Interim Land
- And Water-Use Policy Plan, attached as Appendix B, contains the following
statements of policy:
- The Interim Plan addresses federal and state land management
issues directly and is intended to be used as a positive guide for federal
and state land management agencies in their development and implementations
of land-use plans and management actions. The County and its citizens support
the continued multiple use of federal and state lands in Ontonagon County.
- Therefore, it is the policy of Ontonagon County that
federal and state agencies shall inform all local governments of all pending
actions affecting local communities and citizens and coordinate with them
in the planning and implementation of those actions. The Ontonagon County
Commission and the Township Boards, when affected by such actions, shall
be consulted and coordinated with in accordance with the laws of Michigan
and the laws of the United States.
- Finally, in compliance with federal and state law, including
but not limited to Federal Land Management and Policy Act of 1976, the
National Forest Management Act, and the National Environmental Policy Act
of 1969; all federal and state agencies shall comply with Ontonagon County
Land and Water Policy Plan and coordinate with the County Commission and
the Township Boards for the purpose of planning and managing federal and
state lands within the geographic boundaries of Ontonagon County, Michigan.
Federal and state agencies proposing actions that impact the Ontonagon
County Land and Water Use Policy Plan shall prepare and submit in writing,
and in a timely manner, report(s) on the purposes, objectives, and estimated
impacts of such actions, including economic, to the Ontonagon County Commission
and the Township Boards. These report(s) shall be provided to the Ontonagon
County Commission and the Township Boards for review and coordination,
a minimum of ninety (90) days, prior to federal or state initiation of
action.
The obstructionist intent behind this proposal is unmistakable, and
it has the support of the support of County Planning Commission Chair Douglas
Johnson. However, according to the Ontonagon County Clerk, the plan has
been stalled in the proposal stage for nearly a year while the County Board
attempts to determine whether enactment would be too costly for the county.
A group calling itself the Great Lakes Property Rights League surfaced
in the Houghton-Hancock area of Upper Michigan in late 1994. It held a
few meetings at which radical takings reform was advocated - compensation
for any reduction in value, but hasn't been heard from since approximately
May, 1995. This organization seems to have been the brainchild of former
State Representative Stephen Dresch. Mr. Dresch is a professor at Michigan
Technological University, in Houghton. He has frequently been publicly
involved in environmental and conservation issues, usually advocating protection
of resources and the environment. Yet some observers describe his approach
to such issues as unorthodox and essentially Libertarian.
Wetlands, including the administration by the Department of Environmental
Quality of programs designed to protect them, is a focus of property rights
activity in Michigan. One person who has created a furor over wetlands
laws, and who is a recent cause celebre of Stephen Dresch is an individual
named Richard Delene. Mr. Delene apparently authorized himself to construct
certain ponds and make certain improvements on his land. This activity
brought him into conflict with the DNR over the application of certain
wetland regulations, and resulted in Delene being ordered to restore the
land to its original condition. Mr. Delene chose not to participate in
the judicial process, and as of this writing (Nov. 1995) he is a fugitive.
Elsewhere in Michigan Anti-Conservation activity takes a variety of
forms. Legislatively the agenda is being furthered by attempts to pass
takings compensation legislation that has been literally copied from bills
offered in other states. This compensation bill is currently stalled in
the legislature for a thorough review of its fiscal implications. In its
place a substitute bill has been offered which does little more than pay
lip service to the icons of property rights and takings: it would require
only that the Attorney General provide guidelines to the Departments of
Natural Resources, Environmental Quality and Transportation for assessing
the consequences of proposed regulations. However, the bill does not actually
mandate assessments in any particular cases, nor does it expand in any
way the concept of a taking beyond what exists in case law interpreting
the Fifth Amendment. As of early March, 1996, this bill had been passed
by the Michigan House and was awaiting action by the Senate. The Michigan
Legislature is likely to adopt another anti-conservation proposal - an
audit privilege bill. "Audit privilege" is an innocuous sounding
term which essentially means "immunity from disclosure." Under
such a bill, when a person or business conducts a self-audit to determine
compliance with environmental protection laws or regulations the results
would be privileged - their disclosure could not be compelled, regardless
of the nature or severity of any violations. Nor, under most audit privilege
bills, would a polluter even be required to remedy any deficiencies in
compliance. The resulting report could simply be locked safely away. The
bill currently under consideration has the support of the State Chamber
of Commerce and the entire spectrum of the business lobby. As in many other
states and regions the issue of public lands and access to them is a rallying
point for anti-conservationists. Between state and federal holdings, there
are currently 7.5 million acres of public land in Michigan - more than
any other state east of the Mississippi. This is partly attributable to
the strong public support enjoyed by the state's Natural Resources Trust
Fund, a program designed to apply state funds to the protection and preservation
of unique and endangered natural areas. Consequently, another manifestation
of Michigan's Anti-Conservation activity is an effort to achieve a policy
of no net gains in state public land holdings. Championed by State Senator
George McManus, this proposal would require that for every new acquisition
of state public land an equal amount of land would have to be sold back
into private ownership. At present this suggestion is overmatched by a
strong public sentiment in favor of maintaining and even increasing public
holdings. Anti-Conservation activists have also focused their attention
on access to a pair of federally designated National Wilderness Areas in
Michigan. In the Sylvania, located in the western Upper Peninsula, ten
years of deliberation by Congress and study by the National Forest Service
resulted in a wilderness designation which included restrictions on motor
boats. As in the dispute over opening up Minnesota's Voyageurs National
Park and Boundary Waters Canoe Wilderness Area to multiple use, certain
local groups and individuals appealed the restrictions, but their efforts
were in vain. The Forest Service refused to make any modification to the
"electric motor only" and "low speed/no wake" provisions.
However, challenges to protections in the Nordhouse Dunes Wilderness Area
were more successful. The Nordhouse Dunes is the largest area of dunes
abutting fresh water in the United States, and includes several distinct
ecosystems. The Forest Service purchased the rights to the surface land
in this unique area, but the sellers retained the subsurface mineral rights.
Certain oil and gas companies subsequently leased these rights and challenged
in court the Michigan Department of Natural Resources ban on drilling in
the Dunes. The Michigan Court of Claims and Court of Appeals agreed that
the prohibition was a taking. In the fall of 1995, while a decision determining
damages was pending Gov. John Engler "negotiated," and the legislature
ultimately approved, a settlement which paid Miller Brothers Oil, the primary
plaintiffs, $60 million. Gov. Engler claimed a savings of $40 million off
the $100 million claimed. But it did not go unnoticed that the recipients
of the settlement, Miller Brothers Oil Corporation, had been a major contributor
to the Governor's campaigns and to the state Republican Party. Be that
as it may, the bottom line is that the taxpayers of Michigan paid $60,000,000
to a single special interest, nearly $100,000,000 total to all parties,
essentially as blackmail to prevent the destruction of a priceless natural
asset.
Despite this level of activity, the Alliance for America identifies
no Michigan residents among its core activists.
INDIANA
Proponents of Takings legislation point to Indiana as a victory - a
state in which property rights have been protected by the enactment of
a takings bill. Reality, however, falls slightly short of this boast. In
fact, Indiana's takings law is virtually toothless and is the result of
closed-door caucus politics of the worst kind. In 1993 a takings bill was
introduced which died in committee. Shortly thereafter, during a closed
caucus of a Conference Committee considering an unrelated bill addressing
administrative rule language changes, a single line was inserted which
required the Attorney General to assess every bill for Takings implications.
This bill managed to sneak through, but it contains no compensation provision
and there has been no further effort to enact takings legislation since.
Anti-conservation activity in Indiana is most noticeable in the Northwest
part of the state surrounding the efforts to preserve and expand the Indiana
Dunes National Lakeshore. Together the Indiana Dunes State Park and the
Dunes National Lakeshore protect 15,000 acres of unique and fragile habitat
for a rich variety of plant and animal species. Local observers and activists
report that they first became aware of Anti-Conservation efforts in 1989,
when the most recent proposal to expand the Lakeshore was made. At that
time an organization called Stop Taking Our Property (STOP) appeared on
the scene. STOP is based in Porter County, Indiana, an overwhelmingly white
enclave sandwiched between Gary and Michigan City. The County is home to
both a strong John Birch presence10 and an active militia. In this fertile
environment, STOP publishes a quarterly newsletter and claims 500 members.
However, because the organization is not incorporated it must satisfy no
disclosure or reporting requirements. Therefore its organizers, membership,
leadership, and funding are all incapable of verification or confirmation.
Of interest is the observation that all of STOP's staffers and workers
are volunteers and the organization conducts no apparent fund raising activities.
Yet it has a very well-organized, slick operation which manages to produce
a professional looking newsletter, leading to speculation that the group
is at least well connected with, if not actually supported by either national
Anti-Conservation groups, shadowy corporate backers, or both. What is known
about STOP is that the primary visible force behind it is a man named Bill
Theis. His name and phone number appear at the top of STOPwatch - the group's
newsletter, and he seems to be the only member of the organization quoted
in the local media. Theis is a member of the Executive Committee of the
Alliance for America. The Alliance's directory identifies him as the Executive
Director of the Lake States Region of the Alliance. Another STOP member
of some local notoriety is a woman named Joanna Waugh. Waugh works for
NIPSCO (Northern Indiana Public Service Co.), a local utility, a fact which
causes some to believe that at least a portion of her job (perhaps a substantial
portion) is devoted to STOP activities. She has authored letters to the
editor of Porter County newspapers critical of the restrictions placed
upon landowners by the Endangered Species Act, accusing environmentalists
of irresponsible fear mongering and generally railing against proponents
of expanding the Dunes Lakeshore. In September, 1995, Waugh and Theis attended
the Alliance for America's annual Board of Directors meeting at which she
was elected Secretary of that group for 1995-'96. Needless to say, Waugh
is identified as a core activist, too. In addition to his involvement in
STOP, Bill Theis has been responsible for various stealth attempts to have
county supremacy ordinances adopted by town and county boards in northern
Indiana. His preferred tactic is to have such proposals initially introduced
as non-binding referenda during board meetings by sympathetic members.
Non-binding referenda need not be included on the Boards' published agendas,
so the proposals can be "debated" without organized input from
opponents. Other Anti-Conservation groups which have been reported in Indiana
include The Property Rights Movement of Indiana, also organized by Bill
Theis, and HELP (Help Enlighten LaPorte County). Currently, neither of
these groups is particularly large or active.
The Indiana Dunes National Lakeshore is not the only issue attracting
Anti-Conservation attention in Indiana. The state's Rails to Trails program,
designed to convert abandoned railroad rights of way to recreational trails,
have attracted the attention of Anti-Conservationists, as have efforts
to implement management practices required by the Coastal Zone Amendment
and Reauthorization Act (CZARA). The latter, which applies in areas which
drain to the Great Lakes, has brought the Indiana Farm Bureau Federation
openly into the debate. The Farm Bureau opposes any regulations which would
require farmers to take additional steps to keep nutrients, agricultural
chemicals and manure out of the Great Lakes.
MINNESOTA
Minnesota prides itself on being the Land of 10,000 Lakes. With water
occupying such a prominent place in the state's collective identity it
should come as no surprise that wetlands, their use and access to them
are a major focus for Anti-Conservation activity in that state. The state's
wetlands law is one of the most expansive in the nation; its protections
apply to virtually all wetlands, regardless of size or location. This extended
applicability basically assures that the wetlands law will be a source
of conflict between regulators on the one hand and farmers, developers,
builders and assorted business interests on the other. This conflict is
seen in many parts of the state, but not always over identical issues.
The Minnesota Landowner's Rights Association (MLRA), based in the northwestern
farming community of Gatzke, reflects a certain conservative, fundamental
suspicion of government, a sentiment not uncommon in this part of the state.
The MLRA advocates reforming the wetlands law, rather than outright repeal.
They further argue that the DNR owns too much land and that at least some
of it should be returned to private ownership, or at least placed under
the authority of local government. Lately, MLRA has become involved in
the debate over whether Voyageurs National Park and Boundary Waters Canoe
Area Wilderness (BWCAW) should remain under federal authority or be "divested"
and left to the mercy of local (county) decision makers. (More on this
subject below.) The MLRA's physical presence is lobbyist Don Larson, a
former aide to state senator Joe Bertram, a Democrat-Farm-Labor (DFL) party
member and leader of the legislative backlash against land use planning.
Despite his familiarity with the legislative process Larson does not seem
to have appreciably advanced MLRA's interests. Some observers attribute
this to Larson's style, which is said to have alienated some members of
the legislature. Another permutation of the anti-wetlands sentiment is
built around an appeal to highway safety. As implemented in Minnesota,
wetland protection includes routing roads around, rather than through environmentally
sensitive areas. This results in roads that might be described as more
scenic than expeditious. As might be expected, crashes result from motorists'
failures to negotiate curves and turns which skirt wetlands. The resulting
injuries and property damage are offered as proof that regulation is out
of control; a higher value has been placed on resource conservation than
on human health and safety. Another group, the Minnesota Property Rights
Association (MPRA), offers a more radical solution to the problems they
attribute to the wetlands law - total repeal. The MPRA is led by one Joe
Preiner. The Association's agenda calls for getting government out of land
regulation altogether. The group has called Minnesota's wetlands conservation
law the biggest land grab since Native Americans were forced onto reservations.
Conveniently missing from MPRA's rhetoric is any mention of the fact that
Joe Preiner is the operator of Trout Air - a fly-in fishing guide and charter
service business which would stand to profit from the removal of restrictions
on motorized access to lakes and wetlands. And Preiner's business interests
make MPRA a natural for advancing the cause of de-federalizing Voyageurs
and BWCAW. Despite its extreme positions, MPRA has a well organized lobbying
presence in the state capitol. In addition to advocating repeal of wetland
protections and laws calling for comprehensive planning, MPRA has supported
bills which would radically expand the Fifth Amendment's protections against
governmental takings of private property.
Although no hard evidence exists, it is believed that MPRA is at least
connected with Anti-Conservation groups operating on the national level.
One indication is the invitation to a recent $200 a plate MPRA fundraiser.
The dinner featured Richard Epstein, the University of Chicago Law Professor
considered by some to be the Anti-Conservation Movement's ideological guru.
Professor Epstein has written and lectured on the theory that modern day
federal claims to public lands are constitutionally suspect, thereby giving
Anti-Conservationists a veneer of legitimacy and credibility.
ARROWHEAD COUNTRY
Named for its triangular shape, Northeastern Minnesota is the scene
of the great majority of Anti-Conservation activity in the state, and in
the entire Midwest. That area is home to such organizations as Conservationists
With Common Sense, the Greater Northland Coalition and the Northern Counties
Land Use Coordinating Board (NCLUCB). Conservationists with Common Sense
are led by Tod Indehar. The group's primary focus is opening up Voyageurs/BWCAW
to more motorized uses. They advocate greatly expanding motorized access
to these areas, including access for snowmobiles, motor boats, motorized
portages and float planes.
The Greater Northern Coalition, based in International Falls, is another
reactionary voice in the Voyageurs debate. The group advocates turning
over Voyageurs National Park to county ownership, or at a minimum downgrading
Voyageurs from National Park status to a Recreation Area. This would open
the area for hunting, logging and mining and would allow complete access
for motor boats, float planes, house boats and snowmobiles, all of which
are currently limited, if not prohibited altogether.
Also involved in the effort to expand motorized "multiple use"
in Voyageurs are two groups whose interests are obvious from their names
- the United Snowmobile Association (USA) and its local affiliate, the
Minnesota USA. What is not as obvious as the names is the corporate support
both enjoy from snowmobile manufacturers. A truck load of Skidoo snowmobiles
was dispatched Congressional field hearings on the Voyageurs/BWCAW issue
held in International Falls, Minnesota in August, 1995. The NCLUCB is both
a manifestation of, and a driving force behind, the counties movement -
Minnesota style. It is the brainchild of Don Parmeter, owner of Northern
Resources Center in International Falls, a paid consultant to the member
counties on the issues of land use restrictions and government trends.
NCLUCB's current membership consists of representatives, many of them elected
or appointed officials, of St. Louis, Lake, Cook, Lake of the Woods, Koochiching,
Itasca, Clearwater, Marshal and Pennington Counties - the counties in the
north central and north eastern part of Minnesota known as Arrowhead Country
or the Mesabi iron range. Its organizational purpose is to help counties
fight restrictive wetland protection legislation, state and federal forestry
regulations and federal land management. The preferred tactic is to advocate
not for repeal or modification of federal regulations, but for turning
federal lands over to local authority on the theory that local decision
makers will act to protect both local resources and local economic interests.
This tactic is lifted directly from the so-called Catron County ordinances
which seek to criminalize the job duties of federal employees carrying
out federal laws on federal lands. While this deference to local decision
making sounds appealing and reasonable, as practiced in Catron County it
leads to armed confrontations between local citizens and federal employees
attempting to enforce laws designed to protect habitats and species deemed
worth saving for the benefit of all Americans. Although proclaiming a dislike
for the Wise Use name, Parmeter is credited with bringing the National
Federal Lands Conference, a collection of out-of-state Anti-Conservation
activists, to Hibbing in 1993 to help train NCLUCB representatives on drafting
and attempting to implement Catron County ordinances. No county has yet
adopted such an ordinance, but Koochiching County has produced a detailed
16 page draft of a "County Resource Management Plan." Appendix
C. Parmeter also has connections with the Blue Ribbon Coalition, the Idaho-based
organization dedicated to opening public lands for "multiple use"
activities - i.e. unrestricted motorized vehicle access regardless of its
consequences. Other Anti-Conservation activities in Minnesota include generalized
discontent with comprehensive planning, primarily in rural counties; refusal
by individual property owners to allow access to their land for gathering
land use survey data, and to the inclusion of that data in studies or recommendations;
and organizing in opposition to regulations along the St. Croix River (a
nationally designated Wild and Scenic River) designed to prevent erosion
from boat wakes and limit the spread of zebra mussels, an invading european
fresh water mussel currently spreading to lakes and streams in the upper
Midwest. Given the amount of Anti-Conservation activity in Minnesota it
is perhaps surprising that a takings law has not been enacted. During the
1994 legislative session, the Minnesota Farm Bureau Federation sponsored
an unsuccessful bill which would have compensated for regulatory reductions
in property value of 25% or more. In the current, 1995 session, a bill
calling for the Attorney General to study proposed legislation for takings
implications and requiring compensation for reductions in value of 20%
or more died without a hearing in a Senate committee. No other Anti-Conservation
activity has been identified on the legislative front.
The only core activist in Minnesota identified by the Alliance for
America is Howard Hanson, of Minneapolis - a name that did not come up
in researching this paper.
IOWA
Identifiable, organized Anti-Conservation activity is minimal in Iowa.
However, the issue of wetland designation may provide a rallying point
that will change that. Iowa's efforts to identify and protect wetlands
have met with the same opposition encountered elsewhere - skepticism, resentment
and outright defiance. A personal embodiment of that sentiment is Charles
Gunn. Mr. Gunn farms in Greene County, about 40 miles west of Ames in west
central Iowa. He is currently embroiled in a dispute with the state over
farming wetlands.
An initial inventory of Mr. Gunn's property identified six acres as
wetlands with attendant protections. Later, a more thorough inventory increased
the protected area to twenty acres, and Mr. Gunn sued. His case is not
resolved, but he has gained the attention of Iowa Congressman Chuck Grassley.
Grassley is a sponsor of the Federal Farm Bill, which includes a section
addressing property rights.
The Iowa legislature has considered takings legislation, as well. A
bill was introduced in the 1994 session, but did not pass. As introduced
it would have required compensation for a diminution in value of 50% or
more. The house amended it to be applicable only to agricultural land and
passed it in that form. In the Senate it was championed by Senator and
farmer Berl Priebe, influential chair of the Senate Agricultural Committee.
The bill passed easily out of committee. However, a strong bipartisan opposition
formed in the full Senate and the bill was never brought to the floor for
a vote. Hog farming and its economic, environmental and even social impacts
is a major issue. These topics converge in the debate over growth and concentration
(not a contradiction in terms) in the hog industry. Huge feedlot operations
hold out the questionable promise of steady jobs in agriculture. In return
they bring millions of gallons of manure annually and a threat to a traditional
lifestyle highly valued by many rural Iowans. Legislative activity concerning
hog farming has been expressed in laws regulating hog manure. Those who
view expansions and concentration as a threat to health, safety and the
environment fear that recent legislation does not go far enough in regulating
manure management plans, land spreading and spraying, numbers and sizes
of expansions and distances from surface water. And now new proposals,
akin to Wisconsin's Right to Farm bill, would exempt livestock managers
from nuisance suits if they are obeying applicable laws. One predictable
effect of such a law would be uncompensated reductions in property values
attributable "only" to the odors emanating from multi-million
gallon ponds of manure. Rural grassroots groups have been organized and
are resisting the threat to their way of life posed by so-called modern
hog farming. They will surely need persistence and plenty of support; the
President of the American Farm Bureau Federation is Dean Kleckner, an Iowa
hog and cattle farmer. Apparently Mr. Kleckner is not considered sufficiently
active by the Alliance for America, which identifies Donald Lammers, of
Graettinger, as the only Iowan in its directory of core activists.
MISSOURI
Missouri is noteworthy as the state in which a self-identified Anti-Conservation
group used a classic Anti-Conservation tactic to organize support for a
classic Anti-Conservation issue - and failed miserably. The Mark Twain
National Forest covers 1.5 million acres of the Ozark Mountains in south
central and southeastern Missouri. Lead mining is conducted in the Mark
Twain National Forest by, among others, the Doe Run Mining Company. Not
long after proposals were made to change certain use designations and create
an 800 mile system of trails for off-road vehicle use, six local chapters
of People for the West!, a national Anti-Conservation group based in Colorado,
appeared in and around Iron and Reynolds Counties very near the heart of
Missouri's lead mining belt. Creating an off road motorized vehicle trail
would have benefitted those who enjoy four-wheeling and riding all terrain
vehicles (ATVs), but could only have been accomplished by rolling back
restrictions on permitted activities in the National Forest - the first
step down a slippery slope of deregulation by redesignation, leading to
greatly expanded mining and logging. Small wonder, then, that the "local"
supporters of the trail proposal turned out to be financed with $40,000
from Doe Run Mining. In fact, upon close inspection it became apparent
that five of the local People For the West! groups were headed by employees
of Doe Run, and the sixth by the wife of a chief engineer with the company.
In addition to being a blatant corporate tool, the Missouri chapters of
People For the West! made a critical organizing error. They claimed to
represent local opinion without bothering to learn what that opinion was.
People For the West! apparently expected to find fertile ideological ground
for its message of opening up the Forest to motorized use. What they overlooked
was that, while this proposal was indeed popular among off-road enthusiasts
from the St. Louis area, it had few local supporters. An opposing group
calling itself Citizens to Protect Public Land arose and had no trouble
tapping into the true local sentiment. The groundswell which resulted from
their work not only prevented off-road vehicle use in the Forest; it also
effectively killed People For the West! in Missouri. Except for one small
local chapter still being run by a Doe Run employee, People For the West!
has not been seriously heard from in Missouri since mid-1994.
Anti-Conservationism has not fared much better in achieving its legislative
agenda in Missouri. A radical takings compensation bill originally proposed
by the Missouri Farm Bureau Federation passed both houses of the legislature,
but was vetoed by Gov. Mel Carnahan. A subsequent assessment bill has been
enacted which requires analysis of proposed bills to determine whether
they constitute a taking under the total loss of economic value test found
in the Lucas v South Carolina case. This law contains a three-year sunset
clause; it will expire unless specifically renewed by the legislature.
The Missouri Legislature has also dealt with Audit Privilege legislation.
A bill based on similar bills in Colorado and Indiana was introduced in
the 1994 session, but died in committee. It has been reintroduced in the
1995 session, and faces substantial opposition.
The Alliance for America identifies Bernard Kertz, of Huntsville, as
the Executive Director of its Midwest Region, and further names Ray E.
Cunio, of Sullivan, as another core activist.
ILLINOIS
Chicago aside, Illinois is a predominantly agricultural state. And,
except for the extreme southern part of the state, there is very little
federal public land. Perhaps this combination of factors partly explains
why Anti-Conservationism per se is not readily apparent in Illinois. The
Illinois Farm Bureau Federation has been known to employ Anti-Conservation
rhetoric, and within the past year held a conference which included speakers
and presentations on property rights on its agenda. It is quite possible
that the lack of a federal public lands issue and the perennial strength
of the Illinois Farm Bureau, with its unyielding support of mainstream
agricultural interests, makes it unnecessary for new Anti-Conservation
groups to attempt to organize in Illinois - the Farm Bureau is already
carrying the water. Or perhaps the lack of formal, specific Anti-Conservation
activity has something to do with the upstate (Chicago)/downstate dichotomy
of interests in the legislature. Whatever the reason, there is no apparent
effort underway to rollback existing environmental regulations. The legislature
is considering a takings assessment bill this session, but compensation
is not on the table. A proposal to prohibit defamation of agricultural
products failed to make it to a vote, and audit privilege has not been
considered.
Charles Cawley, of Esmond, is the only Alliance for America core activist
in Illinois.
OHIO
The Alliance for America identifies no core activists in Ohio, and
this squares with the reports of local observers. No groups are organized
or vocal enough to have been noticed as bearers of the property rights
banner. In fact, it may be that heavy development pressure throughout the
state is focusing public attention on environmental issues and increasing
support for them. This seems to be a cumulative awareness; as wetlands
and forests continue to be lost to development, appreciation increases
for the importance of what little remains. But this is not to say that
Anti-Conservation goals are not being pursued. The Legislature is the forum
in which the Anti-Conservation agenda is being advanced: takings and audit
privilege bills are under consideration; a proposal has been introduced
to classify and rank wetlands for protection purposes; an inaptly named
anti-degradation bill (actually a proposal to weaken the existing anti-degradation
law) would actually allow more water pollution; commercial loggers want
to maintain and expand operations in the Mohican State Forest; and Ohio
agricultural products now enjoy special protection against defamation.
An assessment bill has been introduced which would require evaluation of
any law, regulation, or ordinance for takings implications. It does not
include a compensation provision, but would conceivably require additional
expense for government to perform this new assessment function. This bill
enjoys the support of those who back similar legislation all across the
country including the Ohio Chamber of Commerce, the Ohio Farm Bureau Federation,
the Chemical Council, the homebuilders trade association, the realtors
trade association - in short, the usual Anti-Conservation suspects. It
is opposed by environmental and conservation groups, and municipalities
of all sizes. It is currently in committee with activity expected in the
spring of 1996. Many of the same interests support an audit privilege bill
which would provide immunity from civil prosecution for violations discovered
by a voluntary internal environmental audit. Criminal prosecutions for
reckless and knowing violations would not be barred. The extent to which
this bill has been crafted to suit polluters is perhaps best illustrated
by a provision which would authorize criminal prosecution of any employee
who releases or publicizes information protected by this privilege. In
effect, polluters receive partial protection from responsibility for their
acts, but an employee who discloses a threat to health or safety is subject
to prosecution.
In Ohio, state forests are few, far between and shrinking. A bill has
been introduced to protect one of them, the Mohican State Forest, from
further depletion by commercial logging. Opposition to this bill has come
from an odd assortment of interest groups, including the Ohio Farm Bureau,
the Meade Corporation (a paper company), the National Wild Turkey Federation,
the Ohio chapter of the Society of American Foresters and the Ohio Horsemen's
Council. The proposal is supported by the Sierra Club, Rivers Unlimited
and The Nature Conservancy, among other environmental interests.
Water quality and wetlands protections have also received their share
of attention from Ohio Anti-Conservation sympathizers. Current anti-degradation
provisions in the law provides standards for discharges to surface water
designed to prevent further damage to receiving waters. A proposal now
under consideration would amend the anti-degradation law to allow reduced,
rather than increased water quality protections. Wetland protection faces
an uncertain future in Ohio. A bill is being considered that would reduce
current protections, classifying all wetlands into one of a handful of
categories. These classes would then be ordered in terms of the degree
of protections afforded each class, ranging from little or no protection,
through loss tempered by mitigation, to total preservation. Opponents of
this classification system fear that it will be used by its chief sponsors
- the Ohio Farm Bureau Federation, and the professional associations representing
home builders, realtors and contractors, to minimize both the protections
available and the number of wetlands deemed worth protecting. Another legislative
initiative designed to muzzle environmentalists and consumer advocates
has recently been enacted into law. Ohioans still have the free speech
right to warn their fellow citizens of health and safety threats posed
by agricultural products. But unless they can satisfy a very high burden
of proof they can be sued for defamation by agricultural interests whose
reputations or profits are threatened. The chilling effect of this law
is unmistakable, as is its message - don't mess with agriculture and its
agri-business allies.
Finally, and beyond the halls of the legislature, Ohio has a modestly
active militia. The focus of its attention has been the creation of its
own court system. These courts purportedly are accountable only to the
people, owing neither deference nor allegiance to government at any level.
Being singularly disdainful of any sort of governmental authority, the
militia has not been a player in the political debates surrounding the
legislative issues outlined above.