J. SCALIA: [O]NE RACE HERE . . . AMERICAN.

Spring 2017
MSLF: END RACE-BASED CONTRACTING
In 1995, in Adarand Constructors, Inc. that the courts will employ searching
v. Pea, MSLF represented a tiny mom judicial inquiry into the justification for
and pop company from Colorado such race-based measures to []smoke
Springs, Colorado, that challenged a fed- out[] illegitimate uses of race.
eral program that used Enter President
race to award highway Obama. From the
projects. In a 5-4 ruling 2009 stimulusnot MOUNTAIN
by Justice OConnor, meant for white, male STATES
the Court struck down construction workers, LEGAL
two earlier rulings that through Dodd-Frank, FOUNDATION
permitted Congress to which set up racial
make decisions based on quotas, to the scheme Executive Offices:
race, and then ruled that by the Federal Aviation 2596 South Lewis Way
Congress itself is subject Administration to hire Lakewood, Colorado 80227
to strict scrutiny of its air traffic controllers 303-292-2021
race-based decisions. based on race, racial Fax 303-292-1980
Although she insisted policies dominated. www.mountainstateslegal.org
strict scrutiny is not Meanwhile, a tiny,
always fatal, that is brave Texas company,
most often the case. Rothe Development, disadvantaged small business concerns,
Time called the ruling a legal Inc., fought against the use of race in defined to include Black[,] Hispanic[,]
earthquake. In response, President the awarding of Information Technol- Native[,] [and] Asian Pacific Americans .
Clinton said he would mend [affirma- ogy (IT) and Communication contracts . . and other minorities).
tive action], not end it, but he spent his by the U.S. Department of Defense Rothe challenged the 8(a) race-based
last days in office vigorously defending (DOD), branches set aside and ap-
race-based programs. Republicans, who of the military, and pealed a ruling by a
controlled Congress, had the chance NASA. Rothe spent federal district court
to end the programs but, lacking po- years and thousands that the program is
litical courage, agreed with Democrats of dollars fighting constitutional. To
to leave it up to the courts. Then, racial preferences everyones amaze-
lawyers for President Bush defended and won. All along ment, last September,
Congresss ability to enact race-based Rothe insisted the the Court of Appeals
programs. Although the Adarand case courts apply Ada- for the District of
ended, its 1995 victory remained a con- rand, believing that Columbia ruled (2-1)
trolling legal precedent. Soon, however, the programs could that 8(a) is not about
the Court lost its way as demonstrated not survive strict scrutiny. race and that Adarand does not apply.
by a 2003 dissent filed by Justice Scalia Unfortunately, the DOD awards The dissenting judge, in a fierce rebuke,
scolding his colleagues for denying cer- contracts on the basis of race through use wrote that everyone knows 8(a) is about
tiorari in a test of race-based government of Section 8(a) of the Small Business Act, race. Earlier this year, the full appeals
contracting because it invites specula- which sets a government wide goal court declined to rehear the case en banc.
tion that [Adarand] has effectively been that not less than 5 percent of the total MSLF asked the Court to apply the
overruled. We shouldmake clear value of all prime [federal] contract and principle Justice Scalia announced in
that we stand by [our] insistence that subcontract awards for each fiscal year 1995: In the eyes of government we are
[r]acial classifications are suspect and be awarded to socially and economically just one race here. It is American.

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MSLF SEEKS CONSTITUTIONAL RELIEF
On behalf of 2,000 to 3,500 highly
qualified and ready-to-hire future air
traffic controllers (ATCs) whose ap-
plications were purged by the Federal
Aviation Administration (FAA) when it
changed its well-
established and
successful hiring
process to achieve
racial diversity,
MSLF urged a
Washington, D.C.
federal district
court to reconsider
an order issued by
an Arizona federal
district court that
dismissed portions of MSLFs lawsuit.
MSLF sued in December of 2015, charg-
ing violation of the equal protection
component of the Due Process Clause
of the Fifth Amendment and Title VII of
the Civil Rights Act of 1964. Andrew J.
Brigida, who holds two B.S. aviation de-
grees from Arizona State University and
scored 100 percent on the FAAs rigor-
ous ATC aptitude test, represents the
class. The Arizona federal district court
dismissed the equal protection count
of the complaint, limited the remedies
available to Mr. Brigida, dismissed
some of the defendants, and transferred
the case to Washington, D.C. Michael
Pearson, Esq., a
former ATC of
Curry, Pearson
& Wooten, PLC
in Phoenix, is
local counsel.
MSLF argues
that the Arizona
federal district
courts ruling
failed to con-
sider the actual
discriminatory action alleged by Mr.
Brigida, that is the FAAs purging of the
qualified applicant register, in striking
his claim for equitable relief, which, at
the motion to dismiss stage, is prema-
ture, not based on demonstrated facts,
and a clear error of law.
In May of 2013, FAA Administra-
tor Michael Huerta announced plans
to transform the FAA into a more Staircase monument to kill a coal mine.
diverse and inclusive workplace.
PENDLEYS VIEW
President Trump can make tangible
his concern for forgotten Americans,
increase employment, and defend the
rule of law, separation of powers, and
the Constitution by robbing President
Obama of his sole surviving legacy,
one that will bedevil rural people in
perpetuity to the delight of environ-
mental groups. He can vacate two
national monuments by Obama in
2016 and one by Clinton in 1996.
With the Antiquities Act of 1906,
Congress protected historic land-
marks, historic and prehistoric struc-
tures, and other objects of historic or
scientific interest, that is, interesting
relics [ruins] of prehistoric times that
are scattered throughout the [Ameri-
can] Southwest [on] public lands.
Initially, designations were limited to
320 to 640 acres, but finally provided
for the smallest area compatible with
the proper care and management of
the objects to be protected.
Clinton ignored all that and Utah
opposition with his Escalante-Grand
Today, Garfield County is an econom-
ic disaster area.

DOUBLE YOUR MSLF GIFT! TELL THE BOSS Obama ignored unanimous State
and local opposition in Maine to
Did you know that you might gift program. Contact your human declare a seed for a 3.2 million acre
be able to double your gift for free? resources or personnel department to park and thumbed his nose at Utah
Thousands of companies match their see if your company will match your with a 1.35 million acre monument.
employees charitable contributions. gift to MSLF. Then, each time you mail That President Trump may vacate
Matching gifts play a key role in help- your gift, please include a matching gift the actions of his predecessors is with-
ing MSLF fight its court battles. Please form from your employer. MSLF will out question. No Congress can bind
ask if your employer has a matching do the rest! a future one and no presidentwith
a unilateral decreecan rule forever.
That is even more the case given that
WEB PAGE POLL Clinton and Obama far exceeded their
authority under the Antiquities Act.
Visitors to MSLFs website at www.mountainstateslegal.org responded to the
Nonetheless, revocation will be fought
following question: President Obama declared vast new national monuments
aggressively by radical environmental
over strong State and local opposition. Can President Trump void these huge
groups and will require the Solicitor
land decrees? Seventy-seven percent (77%) said, Yes: The Antiquities Act does
General to defend revocation before
not say otherwise. No president may bind the nation forever! Twenty-three
the Supreme Court of the United
percent (23%) said, No: The 1906 Act says a president can declare a monument;
States, but it is the right thing to do.
it is silent about voiding any.
Meanwhile, Congress should repeal
Vote on the new question at MSLFs website today!
the Antiquities Act to prevent law-
Remember, the best way to keep abreast of MSLFs precedent-setting, nation-
lessness by any future president who
ally-significant litigation is to check MSLFs highly acclaimed website. MSLFs
views rural Americans with disdain.
website is updated at least every week and often daily. In particular, check for
updates on MSLFs Legal Cases and News Releases.

Educate family and friends of these threats to their liberty Pass this on! Page Two
MSLF FIGHTS CORPS IN NATIONAL 2ND AMENDMENT BATTLE
Hours before MSLF was to appear
before the U.S. Court of Appeals for the
Ninth Circuit in Seattle, Washington, to
defend its landmark Second Amend-
ment victory over the U.S. Army Corps
of Engineers for its prohibition on the
right of visitors to its recreational lands
in Idaho to carry a functional firearm for
self-defense, the case took a new turn. On
Dworshak LakeIdaho
behalf of its clients, Elizabeth E. Nesbitt
(ne Morris) and Alan C. Baker, MSLF
prevailed before an Idaho federal district
court in its complaint that the Corps
regulations, which predate the decision
of the Supreme Court of the United States
in District of Columbia v. Heller, violate its
clients right to keep and bear arms
and are thus unconstitutional. Specifi-
cally, federal lawyers filed an emergency
motion to have the case submitted to
mediation, which the three-judge panel
quickly granted. MSLF waits as the
Corps reconsider[s] [its] firearms policy
so as to comply with the Constitutions
Second Amendment.
Ms. Nesbitt of Nez Perce County is
licensed to carry a concealed weapon,
regularly carries a concealed weapon, and
often seeks to recreate on lands managed
by the U.S. Army Corps of Engineers. Be-
cause Corps of Engineers regulations ban
functional firearms, even while camped
in tents, Ms. Nesbitt is subject to criminal
prosecution if she attempts to exercise
her Second Amendment rights. Mr.
Baker, a firearms instructor and resident
of Idahos Latah County, is a co-plaintiff
in the lawsuit, which was filed in August
of 2013. The Corps of Engineers did not
reply to requests from MSLF seeking an
exemption from its outright prohibition
Educate family and friends of these threats to their liberty Pass this on!
on firearms.
The Corps of Engineers operates
public parks and recreational facilities
at water resource development projects
under the control of the Department of
the Army and thus is the nations larg-
est provider of water-based outdoor
recreation. It administers 422 lake and
river projects in 43 States, spanning 12
million acres, encompassing 55,000 miles
of shoreline and 4,500 miles of trails, and
including 90,000 campsites and 3,400 boat
launch ramps. Waters under its control
constitute 33 percent of all U.S. freshwater
fishing.
Ms. Nesbitt was issued an emergency
license by the Nez Perce County Sheriff
to carry a concealed handgun in 2012 due
to threats and physical attacks against her
by a former neighbor. She regularly car-
ries a handgun for self-defense. She uses
Corps-administered public lands near the
Snake River in Lewiston, Idaho, to boat
with friends, regularly walks the Corps-
administered paths in the area with her
Lake BarkleyKentucky
dog and/or her family, and must travel
across Corps-administered public lands
to reach Hells Gate State Park.
Mr. Baker is a NRA-Certified Home
Firearm Safety, Personal Protection In
The Home, Rifle, Pistol, and Shotgun
Instructor, is a Utah Concealed Firearms
Instructor, is licensed to carry a concealed
handgun in Idaho, Utah, Oregon, and
Arizona and regularly carries a handgun
for self-defense. A life-long outdoorsman,
he regularly recreates on Corps-managed
lands in Idaho, including Dworshak Dam
and Reservoir on the North Fork Clear-
water River.
In January of 2014, the Idaho federal
district court denied the Corps motion
to dismiss MSLFs lawsuit and issued a
preliminary injunction barring the Corps
from applying its unconstitutional regula-
tions against law-abiding individuals
possessing functional firearms on Corps-
administered public lands for the purpose
of self-defense in Idaho. Specifically, the
district court ruled:
[The Corps] regulation is
designed to protect both critical
infrastructure and the public. If the
regulation ended there, it would
satisfy the reasonable fit test. But
it extends to ban firearms entirely
from being carried for self-defense.
It is simply too broad. Drafted
long before Heller, it violates the
Supreme Courts description of
Second Amendment rights in that
case. This regulation needs to be
brought up to date.
In October of 2014, the Idaho federal
district court issued a memorandum deci-
sion in favor of MSLFs clients:
The regulation banning the use
of handguns on Corps property
by law-abiding citizens for self-de-
fense purposes violates the Second
Amendment. While the Corps
retains the right to regulate the pos-
session and carrying of handguns
on Corps property, this regulation
imposes an outright ban, and is
therefore unconstitutional under
any level of scrutiny, as set forth in
Heller and [the controlling prec-
edent of the U.S. Court of Appeals
for the Ninth Circuit.]
The Obama administration appealed
to the Ninth Circuit where GeorgiaCarry.
org, Inc., the National Rifle Association
of America, Inc., and the California Rifle
Lake J. Strom ThurmondSouth Carolina
and Pistol Association urged the appeals
court to uphold the Idaho federal district
courts ruling.
Page Three
SUMMARY JUDGMENT - WILLIAM PERRY PENDLEYS LATEST
For 25 years, MSLF president William
Perry Pendley has written a hard-hitting
monthly column decrying breaches of the
rule of law, abridgment of constitutional
liberties, and unwise public policies.
Over the years, his writings have ap-
peared in the New York Times, Wall Street
Journal, Washington Post, New York Post,
Washington Times, USA Today, Cow Coun-
try, Landman, Loggers World, Miners News,
and many other publications across the
country. He has assembled his favorite
columns into an impressive, fact-filled,
strong opinions-laced, paperback volume
entitled, Summary Judgment: 25 Years of
Condemning Treachery, Tyranny, and Injus-
tice. It is a great read.
William Perry Pendleys first two
booksIt Takes A Hero: The Grassroots
Battle Against Environmental Oppression
(Free Enterprise Press, 1994) and War on
the West: Government Tyranny on Ameri-
cas Great Frontier (Regnery, 1995)drew
high praise. Likewise his recent books:
Warriors for the West: Fighting Bureau-
crats, Radical Groups, and Liberal Judges on
Americas Frontier (Regnery, 2006):
Perry is a skilled legal advocate [and] a
master storyteller; however, the tales he tells
are not for the faint of heartprepare to be
infuriated!
Linda Chavez
William Perry Pendley, who has litigated
these issues, has performed an extremely
valuable service by making the academic
accessible.
Edwin Meese, III
This is indeed a call to action.
Hugh Hewitt
NOW AN AUDIOBOOK!
Sagebrush Rebel becomes even
more relevant with each passing day
and the news from across the country.
No need to miss out on this amazing
untold history of Ronald Reagan; it is
now available as an audiobook read by
the author himself. FREE with a $25
contribution to MSLF.
Summary Judgment is FREE with a $25.00 contribution to MSLF.
Educate family and friends of these threats to their liberty Pass this on!
Sagebrush Rebel: Reagans Battle
Against Environmental Extremists and
Why It Matters Today (Regnery, 2013):
The truth is in Sagebrush Rebel.
Mark R. Levin
We must take up Reagans fight to
preserve the American way of life. Sagebrush
Rebel shows us how.
Michelle Malkin
Sagebrush Rebel illuminates a forgot-
ten Reagan warnot with the Soviets but
environmental extremists.
Paul Kengor, author of The Crusader: Ron-
ald Reagan and the Fall of Communism
The columns began with January of
1990, Mr. Pendleys first full year with
MSLF, and were called Summary Judg-
ment. (In the law, summary judgment
may be granted when no genuine issues
of material facts are in dispute and it is
mandated as a matter of law.) Chapter
titles include:
An Environmental President
Nonsense Runs Through It
Bush Goes Green and Loses
Clintons War on the West
A Shift to the Right
Victory Before the Supreme Court
Clinton Escalates His War on the West
Crimes Against Nature
Grizzly Bears and Self-Defense
U.S. GovernmentLike Nobodys
Business
Life, Liberty, and Property
Whither the War on the West
Clintons Justice Departments Tenth Year
Government Lawyers and Justice
Ronald Reagan, Sagebrush Rebel,
Rest in Peace
America at War
A Color-Blind Constitution
Bureaucrats Behaving Badly
Summary
Judgment
25 Years of
Condemning
Treachery,
Tyranny, and
Injustice
WILLIAM PERRY PENDLEY
Author of Sagebrush Rebel
The Right to Keep and Bear Arms
Sue and SettleUnconstitutional Tactic
The Threat of Domestic Terrorism
The Commerce Clause and Freedom
Equal Access to Justice
President Obamas Department of
the Interior
If one truth emerges from all of these
essays over the years, it is that expressed
by Ronald Reagan in 1961: Freedom is
never more than one generation away
from extinction. We didnt pass it on to
our children in the bloodstream. It must
be fought for, protected, and handed
on for them to do the same, or one day
we will spend our sunset years telling
our children and our childrens children
what it was once like in the United States
where men were free.
KEEP READING!
The Litigator, MSLFs quarterly
newsletter, is the indispensable tool for
staying informed regarding the latest in
MSLFs precedent-setting, nationally-
significant, public-interest litigation. The
Litigator is mailed on the first of February,
May, August, and November. Ensure
that you keep receiving The Litigator by
contributing $25 annually.
Page Four

Mountain States Legal
Foundation (MSLF) Is A
Nonprofit, Public-Interest
Legal Foundation, That Is
A 501(c)(3) Organization,
Since Its 1977 Founding.
Therefore, Your Generous
Contributions To MSLF Are
Tax Deductible!
MSLF CANNOT REST;
ITS ROLE ESSENTIAL
TO REMAINING FREE
In 2016, MSLF will have been going
to court for 39 years, fighting to compel
compliance with the commands of the
Constitution and federal law to ensure
that America remains a nation of laws. At
no time during these nearly four decades
has the need for MSLF to go to court on
behalf of those who could not afford legal
representation been lessened. In fact, as
the federal bureaucracy has grown and as
federal laws have become more far-reach-
ing and intrusive, MSLFs caseload has
increased dramatically. That is obvious
from a review of the scores of MSLF cases
all across America.
Your Support Is Vital
If there is one lesson MSLF has learned
over the past 39 years, it is that, regard-
less of which party occupies the White
House or controls Congress, the threat to
liberty remains and MSLF must be ready,
willing, and able to go to court to defend
freedom. As Thomas Jefferson once said,
Eternal vigilance is the price of liberty.
One of the prices that must be paid for
MSLF to remain vigilant is the price that
tens of thousands of Americans pay
annually by making their tax-deductible
contributions to MSLF and its aggressive
litigation in defense of freedom.
The support of MSLF by tens of thou-
sands of Americans committed to free-
dom could not be more important. Your
support will ensure that MSLF remains
IN THE COURTS FOR GOOD!
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MSLF receives no government funds (except when it wins in court and the judge
orders the federal government to pay attorneys fees and expenses).
MSLFs sole source of support is the tax-deductible contributions of those who
support its aggressive litigation program.
MSLF is a nonprofit, public-interest I.R.C. 501(c)(3) corporation, which makes the
contributions it receives tax deductible.
MSLF is committed to the vision of the Founding Fathers: individual liberty,
the right to own and use property, limited and ethical government, and the free
enterprise system.
MSLFs commitment to the Constitution ensures that America remains a nation
of laws and not of men and that the rich liberty legacy of this nation continues.
MSLF does only one thing: it goes to court in defense of the Constitution, strict
adherence to the laws of the land, and those who cannot afford to hire legal coun-
sel to protect their rights.
Only YOU can ensure that MSLF may continue its vital work.
Problem Federal, state, and local taxes take an ever-increasing share of ones
u
hard-earned income.
Solution u Gift giving decreases taxes while advancing charitable goals.
Reason u Although many mechanisms for legally lowering taxes have been elimi-
nated, the opportunities for reducing taxes by charitable giving remain!
The Means u Income Tax A person may deduct up to 50 percent of his or her adjusted
gross income (AGI) for gifts of cash to a qualified charity; that limit is 30 percent for gifts of
appreciated property. Itemized deductions made during 2016, including charitable deduc-
tions, are reduced for individuals earning $258,250 (married couples earning $309,900) or
more. Please consult your tax adviser.
Estate Tax A person who dies in 2016 is entitled to an exclusion of up to $5,430,000; how-
ever, estates in excess of that amount may deduct charitable gifts, by will or trust. Because
2016 federal estate taxes over $5,430,000 range from 15 percent to 40 percent, for every
charitable gift of $1,000, the estate saves up to $400 in federal taxes. Please consult your tax
adviser. MSLF does not provide tax advice.
Stock u Contributions of stock can be made electronically to MSLFs brokerage
Transfer account DTC 0164. When transferring stock, indicate acct. #7080-3528,
Information Charles Schwab & Co., 518 17th St., Suite 100; Denver, CO 80202. (Joanna
Heckman, CFP-Vice President, Financial Consultant; 303-260-5916; Fax: 303-260-5911).
Please notify MSLF BEFORE making the transfer; there is no way to identify a stock donor without
priornotification. Thank you!
GIFT: $______________ o$1,000 o$500 o$250 o$100 o$50 o$25
o Check Payable to Mountain States Legal Foundation (MSLF)
o Credit Card ___MC ___Visa ___Discover ___AmEx
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o Yes, I want to help MSLF in its defense of constitutional liberties and the rule of law.
o I made my contribution for $25, or more. Please send me Sagebrush Rebel. o book o audiobook
o I made my contribution for $25, or more. Please send me Summary Judgment.
o I made my contribution for $25, or more. Please send me It Takes a Hero.
Page Five
COLORADO SUPREME COURT TO HEAR SECOND TABOR CASE
In a surprising development, the
Colorado Supreme Court agreed to
hear a second lawsuit filed by MSLF in
defense of the Taxpayers Bill of Rights
(TABOR). In 2016, the Colorado Su-
preme Court grant-
ed the petition for
writ of certiorari in
a legal challenge
to a grocery bag
tax imposed by
the City of Aspen
but upheld by a
state district court
and the Colorado
Court of Appeals.
Then, in early 2017,
the Colorado Supreme Court granted
MSLFs petition on behalf of a Colora-
do group that defends taxpayers rights
in its challenge to new taxes being col-
lected by three Colorado governmental
U.S. SUPREME COURT TO REVIEW MSLF WOTUS CHALLENGE
MSLF, on behalf of a 122-year-old
nonprofit, non-partisan mining trade
association with thousands of members,
welcomed the decision of the Supreme
Court of the United States, consistent
with MSLFs earlier brief, to review
its lawsuit against the Environmental
Protection Agency (EPA), the U.S. Army
Corps of Engineers, and their top officials
over newly released final rules that
purport to define waters of the United
States in the Clean Water Act (CWA)
after odd rulings from the U.S. Court
of Appeals for the Sixth Circuit. The
American Exploration & Mining Associa-
tion (AEMA) asserts that the rules violate
both the Regulatory Flexibility Act
and the Administrative Procedure Act.
AEMA is represented by MSLF, which
commented on the draft rules by arguing
that they illegally: extend to all waters
(not just wetlands) and all waters adja-
cent to non-navigable interstate waters;
create a new jurisdictional concept simi-
larly situated waters by misquoting the
Supreme Court; and ignore the Courts
demand regarding alleged wetlands
adjacent to non-navigable tributaries of
navigable waters.
Educate family and friends of these threats to their liberty Pass this on!
entities in violation of TABOR.
The TABOR Foundation alleged in
its 2013 lawsuit that, under the Colo-
rado Constitution, its members should
have been allowed to vote on new
taxes that the 2013
General Assembly
authorized to be
collected by the
Regional Trans-
portation District
(RTD) and the
Scientific and
Cultural Facilities
District (SCFD).
The lawsuit
names the RTD,
the SCFD, and the Department of Rev-
enuegovernment districts defined
by TABORwhose tax policies require
voter approval. TABOR Foundation,
represented by MSLF, seeks declaratory
The Court agreed to answer a ques-
tion of great national importance, that is,
whether Congress intended a definitional
rule delineating the scope of the Clean
Water Act to be reviewed exclusively
in the federal courts of appeals, or, as
the plain text of the law provides, in the
federal district courts.
Over the years,
landowners chal-
lenging federal wet-
land rulings reached
the Supreme Court
of the United States.
In 1985, deciding at
which point wa-
ter ends and land
begins, the Su-
preme Court upheld
a definition that included wetlands that
actually abut[] on traditional navi-
gable waters. In 2001, the Court held
that non-navigable, isolated, intrastate
waters, even those used by migratory
birds, were not within the CWA. In 2006,
ruling on whether the CWA included
intrastate wetlands adjacent to non-
navigable tributaries of navigable waters,
the Court vacated the Corps rules. For
and injunctive relief and an order re-
quiring refund of all revenues collected,
plus interest, as TABOR requires. The
state district court ruled in February
of 2015, days after oral arguments; the
Court of Appeals ruled in June of 2016,
six weeks after arguments.
In granting the petition, the Colo-
rado Supreme Court noted that it will
review whether taxpayers must prove
beyond a reasonable doubt that a
TABOR violation has occurred. MSLF
asserts that this test as used by the Col-
orado Supreme Court is in error given
that beyond a reasonable doubt is the
standard of evidence used to deprive a
man of his liberty not the constitutional
criterion to deny government officials
the right to tax the people without
their permission.
Recently, MSLF filed its opening
brief with the Colorado Supreme Court.
a four judge plurality, Justice Scalia re-
quired a continuous surface connection
to bodies that are waters of the United
States in their own right, but Justice
Kennedy, while concurring in striking the
rules, demanded a significant nexus to
waters that are or were navigable in fact
or that could reasonably be so made.
In 2011, the
EPA and the Corps
proposed new guid-
ance that expanded
significantly the
reach of the CWA,
including over
vernal pools, prairie
potholes, natural
ponds, and playa
lakes. In response
to 230,000 comments, many of which
demanded a formal rule-making, the
agencies issued that proposal in 2014.
The three separate judgments of the
Sixth Circuit panel denying all motions
to dismiss the petitions for review for
lack of subject matter jurisdiction were
entered on February 22, 2016, and the
Sixth Circuit denied a petition for rehear-
ing en banc on April 21, 2016.
Page Six
LEGAL n On behalf of the Wyoming Stock
Growers Association, MSLF urged
a Wyoming federal district court to
reject a motion to intervene in a case,
filed 15-months after the original
ACTION filing of the lawsuit, by environmental
groups. MSLF challenges new sage-
grouse related regulation of federal
lands by the Obama administration.
n MSLF filed a friend of the court brief
n On behalf of Colorado Union of
at the U.S. Court of Appeals for the
Taxpayers Foundation (CUT), MSLF
Sixth Circuit in support of Michigan
filed a brief with the Colorado
families who seek just compensation
for the unconstitutional taking of their Supreme Court following the courts
private property consistent with the decision to review whether a grocery
Constitution, that is, in an Article bag tax imposed by the City of Aspen
III federal district court before a jury of violates the Taxpayers Bill of Rights
their peers. (TABOR).
NOTABLE Thanks for the update on the FAA
horror story. I am happy to help.
John Scott Sherman
Blowing Rock, NC
This [hiring of air traffic controllers
QUOTES based on race] is so maddening. I would
far prefer qualified individuals rather than
a diverse workforce. Keep up the good
Bravo, bravo, bravo [for MSLFs work!
victory over Obamas EPA regarding the Joy Iris Staveley
Wind River Indian Reservation]!!! Encore, Flagstaff, AZ
encore, encore!!
Fred Devries I want to thank you so much for what
Chadds Ford, PA youre doing to help people, especially those
suffering from government abuse.
Great Work! Congratulations on this Julius W. Weil
victory [over the EPA]! Sullivans Island, SC
Karen Yost
Billings, MT [I] support your effort to End FAA
Racialism. The direction the [Obama]
Excellent [victory over the EPA]! White House has chosen is entirely wrong,
Dave Monks as well as egregious and unlawful.
Bellingham, WA Michael T. Moore
Dallas, TX
Thank you for your work on this
[EPA] case. Continue your battle.
Dennis Tippets Jack E. Turner
Riverton, WY Oklahoma City, OK
[G]ood luck with your great legal The [FAA] situation really frightens
work in the New Year. me! [As you say,] unconstitutional, illegal,
Richard V. Winder and deadly dangerous.
Polk City, FL Carma Blosser
Surprise, AZ
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n On behalf of the American
Exploration & Mining Association,
MSLF urged the Supreme Court of
the United States to review a ruling
of the California Supreme Court
that California law barring mining
in national forests does not violate
the Supremacy Clause. Brandon
Lance Rinehart, a small miner who
owns placer mining claims within
the Plumas National Forest, was
convicted in criminal court.
n William Perry Pendley, president of
MSLF, spoke to students at Texas Tech
University School of Law in April
regarding freedom-based, public-
interest litigation.
Appreciate what you do.
Demar Dahl
Fallon, NV
Thank you for being there and work-
ing so diligently and hard in protecting the
freedoms many fought hard for.
Phillip Gerard
Lomita, CA
Super glad you are taking it to the
diversity of the FAA controllers. What a
slap to qualified applicants.
Edmond W. Smathers
Golden, CO
You are a beacon of hope for me and
others who have suffered through the past
eight years of Obama and his out-of-control
kingdom. Thanks for all you do.
Cheryl Johnson
Campton, NH
[A]s a pilot, [Im saying] MSLF needs
to win this battle with Obamas air traffic
controller idiotic rules.
Eldon L. Buckner
Baker, City, OR
I hope [President] Trump has read
[Sagebrush Rebel]. Reagans example
would be good for [him] to follow.
Dr. Eunice Mary Rath
Savanna, IL
Page Seven
 MOUNTAIN
STATES Non Profit Organization

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FOUNDATION PAID
Denver, CO
2596 South Lewis Way Permit No. 847
Lakewood, Colorado 80227

ADDRESS SERVICE REQUESTED

PRESIDENT AND CHIEF OPERATING OFFICER

William Perry Pendley
VICE PRESIDENT AND CHIEF LEGAL OFFICER
Steven J. Lechner
VICE PRESIDENTADMINISTRATION
Janice K. Alvarado
EXECUTIVE COMMITTEE
Don Sparks, TX; Chairman
Roger Cymbaluk, ND; Vice-Chairman
John E. Rockwell, III; Secretary
Roy G. Cohee, WY; Treasurer
Ernest Angelo, TX
John J. Blomstrom, WY
Rick Fletcher, TX
John R. Gibson, NV
Samuel D. Haas, NM
Brent Husson, NV
L. Jerald Sheffels, WA

MSLF BEATS OBAMAS EPA; LAND-GRAB FOR TRIBES ILLEGAL

The Wyoming Farm Bureau celebrated the 2-1 ruling of a
three-judge panel of a Denver-based federal appeals court that
struck down an edict from the U.S. Environmental Protection
Agency (EPA) that the Northern Arapahoe Tribe
and the Eastern Shoshone Tribeof the Wind River
Indian Reservation in Fremont and Hot Springs
Counties in west central Wyominghave juris-
diction over 1.48 million acres of Wyoming. In
early 2014, with MSLF as its attorney, the group
petitioned the U.S. Court of Appeals for the Tenth
Circuit contesting the EPAs December of 2013
decision to grant Tribe-as-State status under the
federal Clean Air Act. The Farm Bureau, some of
whose members live, work, and own property in
and near Riverton, argues that the EPAs decision
ignores more than one hundred years of actions by
Congress, Wyoming, the Tribes, and various rul-
ings by a host of federal and state courts including
the Supreme Court of the United States. During
arguments in November of 2015 the parties were
asked to file supplemental briefs on whether the withholding of
Clean Air Act funds by the EPA mooted the lawsuit, which the
Farm Bureau filed on December 1, 2015.
Ruling for the 2-1 majority, Judge Tymkovich wrote: This
case requires us to determine whether Congress diminished the
boundaries of the Wind River Reservation in Wyoming in 1905.
We find that it did.... Specifically, he held:
[O]ur task is not to divine why Congress may have
chosen certain synonyms over others in this particular
Act. We believe Congresss use of the word cede
can only mean one thinga diminished reserva-
tion. A review of several dictionaries from the
turn of the twentieth century confirms that adding
the words sell or convey would not materially
change the intent Congress evinced in the 1905
Act. And in any event, Article II of the 1905 Act
includes the word conveyed[.]
As a result of the ruling, there is no longer any
controversy and conflict over whether the Tribes
have jurisdiction upon the 1.48 million acres of
Wyoming over non-Indians.
In December 2008, both Tribes sought Tribe-
as-State status under 301(d)(2) of the Clean Air
Act, which provides an express congressional
delegation to tribes of the EPAs authority to
regulate air quality on fee lands located within the
exterior boundaries of a reservation. The tribes expended 82 of
their 87-page application arguing that they possessed jurisdic-
tion over Riverton. Because their application ignored a host of
federal statutes and federal and state court rulings, in 2009, the
State of Wyoming, the Wyoming Farm Bureau, and other enti-
ties filed comments opposing the application and later sued.

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