Property Rights
Town of Coos Bay, Oregon v. National Marine Fisheries Service
Challenging rampant abuse of the ESA to impose federal zoning

Federal bureaucrats are twisting environmental and emergency management law to impose federal zoning control over Oregon’s coastal regions and much of the rest of the state. In order to be eligible for federal flood insurance, local communities are being told to abstain from economic development.

Town of Coos Bay, Oregon v. National Marine Fisheries Service
In 2016, the National Marine Fisheries Service issued a biological opinion for the Oregon flood insurance program established by the Federal Emergency Management Agency (FEMA). The opinion imposes significant land-use restrictions on floodplain development. We argue that the opinion is contrary to law because FEMA’s insurance program is not legally responsible for any harm to species that floodplain development may cause.

The National Flood Insurance Act of 1968 authorizes FEMA to issue flood insurance to local communities.  The agency provides such insurance once a community has adopted “comprehensive criteria for land management and use,” as well as “adequate land use and control measures (with effective provisions)”.  These criteria and measures must take into account environmental concerns.

An agency must consult under the Endangered Species Act whenever its discretionary action “may affect” listed species or their critical habitat. When the affected species are within the jurisdiction of the National Marine Fisheries Service, that agency issues a “biological opinion,” which details the effects of the proposed action and suggests a reasonable and prudent alternative to the original action, if the Service determines that the action as proposed would jeopardize the continued existence of any listed species or destroy or adversely modify its critical habitat.

In 2009, a coalition of environmental groups sued FEMA for its failure to consult over the Oregon flood insurance program. The agency quickly settled, agreeing to request consultation from the Service on the program. In 2016, the Service obliged.  The agency’s biological opinion determines that the program—which as of 2015 included over 32,000 insurance policies—would jeopardize a number of aquatic species. The biological opinion’s rationale depends entirely on attributing the effects of floodplain development to the program. The document contains a reasonable and prudent alternative requiring draconian land-use restrictions. Consequently, Oregon local governments must dramatically restrict development in or near floodplains in order to obtain FEMA flood insurance.

PLF argues that the biological opinion is contrary to law because FEMA’s flood insurance program is not the legal cause of any impact to protected species or their habitat. Rather, it is the legal cause only of the flood insurance program and its attendant policies. Put another way, the development that may be incentivized by the program’s flood insurance is not caused by FEMA but rather by the various land-use agencies that have authority to control such development.

Case Attorney
Damien M. Schiff
Senior Attorney

Related Posts:
FEMA ~ Public Meeting on Proposed Changes to Flood Maps Thursday Feb 9, 2017
FEMA---Flood Map Update
The Bandon City Council---Agencies struggle after FEMA cuts funds‏
AFP---Monthly Meeting w/Tom McKirgan at the ESD Building 12/13/2012 5:30 pm – 8:30 pm
Civilian Security Force‏
Oregon Sheriff Stand Against Feds‏
AmeriCorp, here in Bandon???...
The Dept of Homeland Security has just graduated its first class of 231  Homeland Youth
THE U.N. & LOCAL AGENDA 21
THE U.N. & AGENDA 21:

June, 2013 marks the 75th anniversary of the Code of Federal Regulations (CFR).  The Code of Federal Regulations (CFR) is an annual codification of the general and permanent rules published in the Federal
Register by the executive departments and agencies of the Federal Government. The purpose of the CFR is to present the official and complete text of agency regulations in one organized publication and to provide a comprehensive and convenient reference for all those who may need to know the text of general and
permanent Federal regulations.

The CFR is divided into 50 titles representing broad areas subject to Federal regulation.

To locate the current regulations pertaining to CFR Title 20, Employees' Benefits, click here.

Hey Rob,
I was listen to a radio show which gave this site:oksafe.wordpress.com.  I saw this article and thought you
would like to see it.  FEMA flood map update
http://www.floodsmart.gov/floodsmart/pages/flooding_flood_risks/mapScheduleSearch.action?zipCode=97423&x=27&y=17.

You would know more about the changes than I would.
Tressa

An open letter to the Bandon City Council
Hello and Happy New Year,

The link below is to an article about the reductions in the money going to cities for their Emergency plans from FEMA.The story demonstrates that the people of Bandon, the City of Bandon has to fund our own Emergency Preparedness Plan.

The City must use our own source of funding, so we know there is going to be a dependable system in place to help those in time of need.   I formally request that the City Council of Bandon set aside the revenue steaming in from the Liquor Licensing Sharing Fund and allocate that money for the city’s
Emergency Preparedness program----all emergencies, not just a tsunami.  I also request the City of Bandon and the city's new Emergency Preparedness Committee refuse all funding from FEMA.

 The program will have to supply itself with perishable items and those items could be allocated to go to local charities when they reach their scheduled shelf life.  These could be the same charities that currently receive the Liquor Licensing Sharing Fund.      Thank you for your time.

 Agencies struggle after FEMA cuts funds
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20121231/NEWS/212310324/-1/rss01

Sincerely,
Rob Taylor

Related Posts:
AFP---Monthly Meeting w/Tom McKirgan at the ESD Building 12/13/2012 5:30 pm – 8:30 pm
Civilian Security Force‏
Oregon Sheriff Stand Against Feds‏
AmeriCorp, here in Bandon???...
The Dept of Homeland Security has just graduated its first class of 231  Homeland Youth
THE U.N. & LOCAL AGENDA 21
THE U.N. & AGENDA 21:

AFP Monthly Meeting w/Tom McKirgan at the ESD Building

When: Thu, December 13, 5:30 pm – 8:30 pm
Where: 1350 Teakwood Coos Bay OR 97420 (map)


Description: No-Host Potluck Dinner, Open to the public, Meeting

The Meeting Starts at 6:00 pm. Former Sheriff Deputy Tom McKirgan will be discussing Agenda 21. This is the meeting for anyone who is concerned with the increasing central planning of the feds. Tom will be focusing on a county ordinance nullifing Agenda 21 in Coos County.   

From: Rick Hoffine 
Subject: Coos Co. AFP Christmas Party
Hi:
Americans for Prosperity Coos County Chapter has secured the ESD Building for a Christmas
Party on Dec. 13th, Thursday evening starting at 5:30PM.  We'll have drawings (raffles), good food and great company.  Please feel free to bring your best desserts or salads from the family recipe book; "store bought" is fine too. The ESD Building is at 1350 Teakwood Ave., Coos Bay.  

Map link   http://bit.ly/T9Viun 

Big Daddy Noorlander's famous BBQ will be there for the Christmas-themed gala on a night that guest,Tom McKirgan will speak to us on the Oath Keepers.  http://oathkeepers.org 

Tom McKirgan, a retired senior police officer, is a member and representative of Oath Keepers, a non-partisan association of current and formerly serving military, reserves, National Guard, veterans, Peace Officers,  and Fire Fighters who will fulfill the Oath we swore, with the support of like minded citizens who take an Oath to stand with us, to support and defend the Constitution against all enemies, foreign and domestic, so help us God. 

Tom began his law enforcement career in 1980, retiring in 1997. Tom is a graduate of two police academies. He holds a basic certificate from the Alaska Police Academy and an intermediate certificate from the Oregon Police Academy including instructor certification. In addition, he's a graduate from the Centurion K-9 training academy in Missouri.

He was the training officer and assistant commander of the Brookings Police Reserve division; instrumental in transforming it into a model reserve program. His experience also includes low to high level security and private investigations. His expertise is in patrol procedures,  defensive tactics, civil and criminal investigations. He's been a guest speaker for many organizations on crime prevention. He is the author of the manual  titled "How To Fight a Traffic Ticket." -- A guide for individuals cited for
motor vehicle infractions; starting from the initial traffic stop through the court process and procedures, to aid in one's defense, with an emphasis for respect and understanding of law enforcement officials duties, acts and good public relations.

Hope to see everyone there and have a Happy Thanksgiving,

Rick Hoffine
Coos Co. AFP Asst Chapter Leader

Rob, you might get some very good info here that can be used to fight against federal intrusion. As you know, my goal is to denounce the sections in the NDAA that pertain to Americans. Once we get a couple of cities to join in, other topics we're against like denouncing the USA non patriot Act and NDRP Act could also fall into place. The ultimate goal is to take this NDAA nullification to the State legislature.

Tom

County Sheriffs Project (Videos of Gilbertson and Palmer) Their first meeting in 2011. 
http://www.countysheriffproject.org/

Constitutional Sheriffs Rural
America Project/Agenda 21
http://politicalvelcraft.org/2011/12/16/constitutional-sheriffs-rural-america-project-county-sheriff-project-confront-u-n-agenda-21-take-over-of-our-land/

Constitutional Sheriffs and
Peace Officers Association. Click on September 2012 Convention.
http://cspoa.org/

Right below the State flag is
Sheriff Gilbertson's letter to the feds.
http://politicalvelcraft.org/2011/10/19/oregon-sheriff-gil-gilbertson-gives-federal-agents-the-boot-feds-have-no-jurisdiction/
  

Tom McKirgan

Hey Folks,

President Bush created the Dept of Homeland Security and many of us criticized that decision as nothing more than a huge power grab.  Now, every president from here on out is going to us this department to exponentially expand the power and authority of the Executive Office.   Slaves need administators for protection, a free people can protect themselves. 

I believe we have reached a dangerous turning point with the graduation of a Civilian Army.  

Sincerely, Rob Taylor 

The Dept of Homeland Security has just graduated its first class of 231 Homeland Youth. Kids, aged 18-24 and recruited from the President’s AmeriCorp volunteers 
The federal government calls them FEMA Corps. But they conjure up memories of the Hitler Youth of 1930’s Germany. Regardless of their name, the Dept of Homeland Security has just graduated its first class of 231 Homeland Youth.  Kids, aged 18-24 and recruited from the President’s AmeriCorp volunteers, they represent the first wave of DHS’s youth corps, designed specifically to create a full time, paid, standing army of FEMA Youth across the  country. 
http://www.whiteoutpress.com/articles/q42012/homeland-security-graduates-first-corps-of-homeland-youth/?goback=.gde_127164_member_172748539 

October 7, 2012
Homeland Security graduates first Corps of Homeland Youth
October 7, 2012. Vicksburg. The federal government calls them FEMA Corps. But they conjure up memories of the Hitler Youth of 1930’s Germany. Regardless of their name, the Dept of Homeland Security has just graduated its first class of 231 Homeland Youth. Kids, aged 18-24 and recruited from the President’s AmeriCorp volunteers, they represent the first wave of DHS’s youth corps, designed specifically to create a full time, paid, standing army of FEMA Youth across the country.

 On September 13, 2012, the Dept of Homeland Security graduated its first class of FEMA Corps youth, aka the Homeland Youth. Image courtesy of DHS.gov.

 On September 13, 2012, the Department of Homeland Security graduated its first class of FEMA Corps first-responders. While the idea of having a volunteer force of tens of thousands of volunteers scattered across the country to aid in times of natural disasters sounds great, the details and timing of this new government army is somewhat curious, if not disturbing. 

DHS raising an armed army
The first problem one finds with this ‘new army’ is the fact that they are mere children. Yes, 18 is generally the legal age a person can sign a contract, join the military or be tried as an adult. But ask any parent - an 18, 20 or even a 24 year-old is still a naïve, readily-influenced kid.

 The second problem with this announcement and program is its timing. Over the past two years, President Obama has signed a number of Executive Orders suspending all civil and Constitutional rights and turning over
management of an America under Martial Law to FEMA. Also in that time, domestic federal agencies under DHS, including FEMA, have ordered billions of rounds of ammunition as well as the corresponding firearms. Admittedly, these new weapons and ammunition aren’t to be used in some far-off war or to fight forest fires in
California, but right here on the streets of America.

Strange Armored Fighting Vehicles

Individuals around the US have begun reporting the site of strange, new, heavily-armed FEMA fighting vehicles. What would a disaster relief agency like FEMA need with 2,500 brand new GLS armored fighting vehicles?
According to the agency’s own mandate, as well as President Obama’s recent Executive Order, the answer is ‘population control’ during a time of Martial Law.

One set of images made available by Rense.com shows trailer after trailer carrying these new DHS and FEMA armored fighting vehicles, complete with machine gun slots. They’re labeled with the usual backward American flag and the title, ‘Homeland Security’. Below that and the DHS logo, it also reads, ‘Immigration & Customs Enforcement’. Joining those markings, the black vehicles with white lettering also display ‘POLICE/RESCUE’ on one side and ‘Special Response Team’ on the other.

 DHS & FEMA armed fighting vehicles. Images courtesy of Rense.com.

FEMA Corps

 FEMA Deputy Administrator Rich Serino gave the keynote address at the ‘Induction Ceremony’ for the inaugural class of FEMA Corps  members. According to the DHS website, ‘Corps members assist with disaster preparedness,  response, and recovery activities, providing support in areas ranging from  working directly with disaster survivors to supporting disaster recovering  centers to sharing valuable disaster preparedness and mitigation information with the public.’

 Serino describes what the first FEMA Corps class has accomplished so far, as well as where they’ll be going next:

 ‘Yesterday, we welcomed 231 energetic members into the first ever FEMA Corps class. The members just finished off their first month of training with our partners at the Corporation for National and Community Service
(CNCS) and are one step closer to working in the field on disaster response and recovery. They will now head to FEMA’s Center for Domestic Preparedness to spend the next two weeks training in their FEMA position-specific roles. Once they complete both the CNCS and FEMA training, these 231 dedicated FEMA Corps members
will be qualified to work in one of a variety of disaster related roles, ranging from Community Relations to Disaster Recovery Center support.’

 A standing army

 Unlike most local disaster response teams who are volunteers, training periodically and only showing up when there’s a disaster,  the FEMA Corps will be a paid, full time, standing army of government youth.  FEMA Deputy Administrator Sarino goes on to explain, ‘The new members, who range in age from 18-24 years old, will contribute to a dedicated, trained, and  reliable disaster workforce by working full-time for ten months on federal
disaster response and recovery efforts.’

 In closing his announcement of the first graduating class of FEMA Corps Youth, Sarino describes his and the agency’s vision of the future, one where ‘FEMA Corps sets the foundation for a new generation of emergency managers’.

 DHS arms itself

 As we detailed in the August 28 Whiteout Press article ‘History of DHS Ammunition Purchases’, federal emergency management agencies are looking more and more like a military army every day.

 The federal government’s procurement website actually lists DHS’ requests for bids to supply it with ammunition and military weaponry.  All of the orders listed in the above article, including the orders for hundreds of millions of rounds of ammunition, are publicly available at http://www.fbo.gov. 

One look at a chart of DHS ammunition purchases over the past decade reveals a drastic spike in orders of bullets recently, totaling in  the billions of rounds. Other charts available online show a similar drastic spike in the purchases of accompanying weaponry by the Department of Homeland Security. 

What is the US federal government preparing for? And why does it feel it needs an army of brainwashed youth, millions of guns, thousands of armored fighting vehicles and literally billions of rounds of ammunition, just to provide relief to the American people during a natural disaster? Any historian will tell you it sounds more like the arming of the Hitler Youth than an army of first responders fighting forest fires and hurricanes.