Back in the mid-2000’s Jeri Lynn informed me that an A-turn-on-me by the name of Fred Kelly Grant was holding an Open Meeting at the Smith River Grange to speak on a concept known as ‘Coordination’ that I had never heard of; and so, just to get out of my Bear Cage I went to pick his brains or pick him apart and to my pleasant surprise I was actually impressed. After the meeting I explained to him that I had been diligently investigating Statutory Constructions and asked if he had ever heard of the cases on Brand X Internet or the Chevron Difference and when he said ‘no’ I gave him a short summary and advised him to look up Brand X Internet Services v. FCC which would take him to the Chevron case out of the Supremes and he thanked me, saying that was something he might be able to use … obviously he is using them now;~)))
Off The Beaten Path with Steve Elkins, February 25, 2018 Hour 1
Hour One: https://media.blubrry.com/rbn/b/content.blubrry.com/rbn/stream_2018-02-25_125956.mp3
Off The Beaten Path with Steve Elkins, February 25, 2018 Hour 2
Hour Two: https://media.blubrry.com/rbn/b/content.blubrry.com/rbn/stream_2018-02-25_135956.mp3
Brand X Internet Services v. FCC,
No. 02-70518 (9th Cir. 10/06/2003) (Normally, when we review an agency’s interpretation of the statute it is charged with administering, we apply the twostep formula set forth by the Supreme Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). The reviewing court must look first to the language of the statute: “If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.” Id. at 842-43. If the statute is silent or ambiguous, “the question for the court is whether the agency’s answer is based on a permissible construction of the statute.” Id. at 843. Where the agency’s interpretation of the statute is reasonable, the court must defer. Id.); http://caselaw.lp.findlaw.com/data2/circs/9th/0270518p.pdf
Cf. National Cable & Telecommunications Assoc. et al. v. Brand X Internet Services et al., 545 U.S. 967 (2005) (345 F. 3d 1120, reversed and remanded.); http://laws.findlaw.com/us/000/04-277.html
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-843 (1984) aff’d. Brown & Williamson v. FDA, No. 971604p (4th Cir. 08/14/1998) (When a court reviews an agency’s construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, [467 U.S. 837, 843] as well as the agency, must give effect to the unambiguously expressed intent of Congress.9 If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute,10 as would be necessary in the absence of an administrative interpretation. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.11); http://laws.findlaw.com/us/467/837.html … Brown & Williamson v. FDA, No. 971604p (4th Cir. 08/14/1998); http://laws.findlaw.com/4th/971604p.html
- About Fred Kelly Grant – Stand & Fight Club Stand & Fight Club
- standandfightclub.com/about-fred-kelly-grant/ ProxyHighlight
- For the past 20 years, Fred Kelly Grant has fought for the rights of farmers, ranchers, loggers, miners, and those who use the great outdoors for recreation. Pursuing those efforts he discovered that the law requires federal and state governments to “coordinate” with local governments—and requires that they make every …
- Fred Kelly Grant shows rural America how to beat environmentalists …
https://www.washingtontimes.com/news/2017/apr/13/fred-kelly-grant-shows-rural-america-how-to-beat-e/ Proxy Highlight
Apr 13, 2017 … While President Trump and Congress tackle federal regulations and the agencies that promulgate them, Fred Kelly Grant is quietly doing the same — and succeeding — with the most powerful weapon you’ve likely never heard of.
https://www.facebook.com/fred.k.grant Proxy Highlight
Fred Kelly Grant is on Facebook. Join Facebook to connect with Fred Kelly Grant and others you may know. Facebook gives people the power to share and…
https://www.thefrederickextra.com/single-post/2017/05/04/Attorney-Suspended-in-Maryland Proxy Highlight
May 4, 2017 … Fred Kelly Grant, [pictured left] obtained his license in Maryland, and kept it active during the 40 years he lived in Idaho. He currently lives in California. Grant was indefinitely suspended from practicing law on Apr. 21, 2017, effective July 3, 2017. The court order, issued by Appeals Court Judge Clayton …
www.evapingcoalition.org/unsung-hero-rural-america/ Proxy Highlight
Apr 14, 2017 … ANALYSIS/OPINION: While President Trump and Congress tackle federal regulations and the agencies that promulgate them, Fred Kelly Grant is quietly doing the same — and succeeding — with the most powerful weapon you’ve likely never heard of. It’s called “coordination” — tucked into the National …
https://www.youtube.com/watch?v=0-HdfkmUkOk Proxy Highlight
May 7, 2017 … Fred Kelly Grant explains “COORDINATION” Would you like to support our efforts ? Go to www.LetAmericaVapeAgain.com to help and go to www.evapingcoalition .org to learn more about the EVCA’s mission. #SAVEABILLIONLIVES …
https://www.youtube.com/watch?v=CSd4Fb87Ugk Proxy Highlight
Mar 10, 2014 … March 3, 2014 http://ShastaCoordination.com Redding vs California Air Resources Board (CARB) http://arb.ca.gov CARB, the California Air Resources Board is ma…
https://www.youtube.com/watch?v=fLjiKdKPe2g Proxy Highlight
Mar 24, 2015 … March 14, 2015 http://StandAndFightClubINC.com/support/ Help our truckers, help America. The C.A.R.B. unelected board, has saddled trucking companies with co…
www.defendruralamerica.com/DRA/Coordination.html Proxy Highlight
- hear: Karen explain coordination. •email: Karen Budd-Falen. •website: Budd- Falen Law Offices LLC. Fred Kelly Grant. Fred is an attorney located in Nampa, Idaho who is another leader in the practice and implementation of coordination, and a guest lecturer. Watch his presentation to the Redding Tea Party below. website: …
www.hcn.org/issues/47.8/counties-use-a-coordination-clause-to-fight-the-feds Proxy Highlight
May 11, 2015 … … rancher Cliven Bundy urged county sheriffs to disarm BLM officials last spring, he was waving the banner of county supremacy. Byfield, however, says coordination is different. She learned the strategy from Fred Kelly Grant, the Hages’ litigation chairman, who was president of American Stewards in 2006.
- Wayne Hage v. United States,
No. 91-1470L 35 Fed. Cl. 147 (Fed. Cl. 1996); 42 Fed Cl. 249 (Fed. Cl. 1998); No. 91-1470L (01/29/2002); Cf. http://www.stewardsoftherange.org/
Late Nevada rancher wins $4.2M after judge finds Forest Service took water rights:http://www.startribune.com/nation/19751469.html?location_refer=Nation
Final Opinion 01/29/2002: http://www.uscfc.uscourts.gov/sites/default/files/Hage.pdf
Order 11/05/1998: http://www.uscfc.uscourts.gov/sites/default/files/Hage_0.pdf
01/29/2002 http://www.uscfc.uscourts.gov/Opinions/Smith/02/Hage.PDF
01/29/2002 http://www.stewardsoftherange.org/hage_v_us/hagedecision2002.pdf
02/05/2003 http://www.stewardsoftherange.org/hage_v_us/decision2-5-03.pdf
05/3-21/2004 http://www.stewardsoftherange.org/HageTrialReport.pdf Trial Report / Valuation Phase
ESTATE OF E. Wayne HAGE and The Estate of Jean N. Hage v. UNITED STATES, Nos. 2011–5001, 2011–2013 (Fed.Cir. 07/26/2012); http://caselaw.findlaw.com/us-federal-circuit/1607341.html *
No. 91-1470L (01/29/2002) The two threshold questions in any takings case are: do plaintiffs “possess a property interest and, if so, what is the proper scope of that interest?” Store Safe Redlands Assoc. v. United States, 35 Fed. Cl. 726, 734 (1996). The court finds that plaintiffs have met the threshold test of ownership and have a property interest in the vested water rights claimed. Concomitant with this right, plaintiffs have a property interest in the ditch rights-of-way and forage rights appurtenant to their water rights. The court will make a final determination of the exact scope of these rights in its final opinion. The court has not yet reached a decision on plaintiffs’ claim for a surface-estate in 752,000 acres of federally managed lands and the stay of defendant’s motion continues.
“
The Government cannot deny citizens access to their vested water rights without providing a way for them to divert that water to another beneficial purpose if one exists. The Government cannot cancel a grazing permit and then prohibit the plaintiffs from accessing the water to redirect it to another place of valid beneficial use. The plaintiffs have a right to go onto the land and divert the water.”http://www.stewardsoftherange.org/hage_v_us/hagedecision2002.pdf
10/12/2004 – Wayne Hage interview with Jack McLamb: http://mp3-2.rbnlive.com/McLamb/0410/20041012_Tue_McLamb.mp3 [Now inactive]
10/02/2006 – Helen Chenoweth-Hage, a conservative firebrand who served three terms as an Idaho congresswoman, was killed October 02, 2006 when thrown from a car that overturned on an isolated central Nevada highway. Chenoweth-Hage was killed four months after the death of her husband, Nevada rancher Wayne Hage, who battled the federal government for decades over public lands and private property rights and came to epitomize the Sagebrush Rebellion in the West. Hage had been ill and died in his sleep at age 69. http://www.lasvegassun.com/sunbin/stories/nevada/2006/oct/02/100210000.html
11/21/2009 – {A federal judge has added $150,000 to the original $4.22 million judgment won by the estate of rancher Wayne Hage in a years-long battle over property rights. In adding more than $150,000 to the award, the judge ruled that his previous decision had mistakenly omitted the value of ditches and pipelines taken by the government.);http://www.klamathbucketbrigade.org/CapitalPress_Hageestatewinsagain112309.htm
08/02/2010 – Case No. 91-1470L Final Damages Award Plus Interest: $14,243,542.00 *
05/24/2013 – United States v. Estate of Hage, No. 2:07-cv-01154-RCJ-VCF, Findings of Fact, Conclusions of Law, and Injunction (D. Nev. May 24, 2013); http://www.scribd.com/doc/144609491/United-States-v-Estate-of-Hage-No-2-07-cv-01154-RCJ-VCF-Findings-of-Fact-Conclusions-of-Law-and-Injunction-D-Nev-May-24-2013
- See also: American Lands Council – Legal Summary Highlights
A team of renowned constitutional scholars and legal experts from across the nation, conclude the federal government has no authority to retain near permanent ownership of the public lands inside a state.
https://www.youtube.com/watch?v=bqiyZsMrqPU under 2 minutes
Thanks, Gray Rider. This is the first I’ve heard of “Coordination” in such a context: Number 8 in the links the article included:
http://www.defendruralamerica.com/DRA/Coordination.html
I could see how some of these points could be helpful in presenting a case. And yet, I am so system-weary and wary. They expect us to beg while all the while their agenda marches forward.
In stating what Coordination does, the article says it, “…mandates (that) federal agencies must incorporate local concerns and plans into their decision-making processes.”
I cannot tell you how many times I have seen local concerns completely run over. From military toxins, to check points, to GMO’s, I’m sure you know the list.
Anyhow, many are in the same boat of trying to stand up to an oppressive government, so I guess every effort is better than none; I just hate doing it according to how they dictate it must be done.
🙁
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