Simply said, constraints on water use from the Nooksack
River Basin, driven by environmentally clad activism, legislation, and
bureaucratic oversight, have risen to the level that local cities, tribes,
industry and farms are being turned into bitter rivals. And, there seems to be
no end in sight.
The rotating door of local and state environmentalist
activist groups keeps putting fresh, enthusiastic, activists into the fray,
attaching to, penetrating and wearing down local business and government
leaders. Grant driven, environmentally clad, social reform pays well in Whatcom
County.
The forum last Thursday had a sense of fresh air. A very
high volume water flow, not hydrologically connected to the Nooksack Basin has
been appropriated by the Birch Bay/Blaine water authorities. Excess water from
these deep wells, added to the reclamation water from Blaine’s state of the art
septic treatment system is being proposed as a solution to supplement the
twelve or so “distressed” rural water systems located around and north of Lynden.
For now, this water is beyond the reach of the environmentalists.
Time will tell how this plays.
Last Sunday, a friend sent me a link to a Growth
Management Hearings Board Case 13-2-0022, a very recent settlement extension. My friend said this settlement extension was for a
citizen lawsuit against Whatcom County over water management, filed with the
Growth Management Hearings Board. They said it showed settlement negotiations
were ongoing between Whatcom County officials and the appellants, contrary to,
and undermining Whatcom County Council’s decision to continue funding the
appeal of the GMHB ruling on Whatcom County non-compliance in ground water
management in Skagit and/or Thurston County Superior Court regarding this
lawsuit.
After being challenged by another friend on a mix up of GMHB
case numbers, I found the first information incorrect, and have rewritten this
article to reflect these facts. The settlement extension is for Case 13-2-0022,
not for Case 12-2-0013. No excuses for
my error—please accept my apology and corrections.
The primary question I asked earlier still stands. Can
Whatcom County Council members resist the request by the Futurewise supported
appellants Jean Melious, David Stalheim, Laura Leigh Brakke and Eric Hirst to
negotiate a settlement rather than undergoing the more rigorous scrutiny and
final precedents of Superior Court? What if the GMHB was found out of
compliance in their non-compliance ruling?
Who on County Council would want to negotiate a settlement
with these folks? Carl Wiemer? Rud Browne? Ken Mann? Sam Crawford? Pete Kremen?
Barry Buchanan? Barbara Brenner? Did not the County Council vote to continue
funding for the appeal of this GMHB ruling to a higher court?
Why would a settlement not be better than a ruling? Why
not kiss up and avoid the legal burdens?
“A typical way these policies get implemented is for
environmental interest groups to sue a government agency under either the
National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA),
and for the agency then to settle the lawsuit in the interest group’s favor.”
“Sometimes—as in a 2008 lawsuit filed against the U.S.
Forest Service by three environmental groups to prevent oil, gas, and mineral
extraction in Pennsylvania—the government not only settles the lawsuit but also
pays the interest groups for their complaints (in that case paying out nearly
$20,000)…” - Sagebrush Rebellion Redivivus” by William Perry Pendley, Hillsdale College Imprimus, April 2014
Did not the Lummi Groundwater Management Lawsuit go to
settlement several years ago, with the tribes coming out much bigger winners
than they would have in a court ruling? Did not Washington State grant property
rights not in law to the Lummis by refusing to complete the court adjudication?
By going to settlement, did not Washington State leave private non-tribal land
owners subject to tribal approval if they want to buy or sell their parcels? Is
this not an effort to create a tribal reservation by fiat, contrary to fee title
law?
Settlement Tactics 101.
One. Raise environmental concerns through the media /
education / smart growth echo chamber. Fully research environmental laws and
tort options. Watch for an alignment of sympathetic bureaucrats, judges and
elected officials.
Two. Bring an egregious lawsuit that has little chance of
standing up in final courts. Request benchmark claims that make all ears ring
and eyes bug open.
Three. Wait for lawsuit fatigue to set in.
Four. Offer to drop the lawsuit if a settlement with some
teeny, weeny concessions can be made.
Five. Negotiate a settlement behind closed doors, in
extended executive sessions, getting as much as possible in the process. Make
those giving up things feel guilty for existing. Rely on your media echo
chamber to cover your back. It is of utmost important to destroy the morale of
your opponents. Resource use changes come after the social fabric is melted and
reformed with “social equity”.
Six. Retire into the shadows
Seven. Do it again, in another place, at another time,
with another issue. Activist lawsuits and court rulings happen all the time,
only usually at a state or federal level,
far removed from our local sensibilities.
In American Representative Republican Democracy,
elections have consequences. County Council may legally flaunt open public
meeting laws with back room executive sessions to deal with lawsuit driven
issues. What a gift between environmental comrades. And what is the test for
the rest of us?
Honor. Virtue. Should collusive lawsuit tactics draw dirt
in reply? In the face of evil, render what?
What was the major foundation of American Democracy until
post civil war anti trust legalese was needed, leading to Constitutional
Societies drumming up the Constitution and the Bill of Rights in the 1930’s?
Rule of honor. A mans word was his guarantee.
Rule of honor. Elected officials were accorded more
honor, and generally served with honor.
Rule of honor. Virtue, not religion, not money had the
highest respect.
Rule of honor. More honor. Elections have consequences.
Elections place officials on stage for service, for praise or shame. In the
end, what counts more? Water? Salmon? Shell fish? Crops? Manufactured goods? Drinking
water? Children?
Whose children? Who will the next generation honor?
Here’s the rub. Children will honor the adults who deal
with honor. Can elected officials rule with honor? Yes. Is this an honorable
lawsuit? Doubtful. Was a pressurized settlement always the end game? Likely. ReSources
has proven, locally, that small lawsuits do get cash settlements rather than
run up larger legal fees. And, ReSources and Futurewise have the hot line to
County Council right now, in this big stakes lawsuit. Is this not so?
Honor? More honor? County Council, Whatcom County is
watching.
Thank you for putting the truth out for all to read. There is so much more to come out on these issues that all Whatcom citizens need to know and understand about water and land use. Honor and Virtue of many local Elected Officials and Government employees has been lost and it breaks my heart to know that the loss of Rule of Law is next.
ReplyDeletePeople need to really educate themselves on our water issues not just hear something in passing. We can't live without water that is a fact. You can't live in your home or sell it if you don't have water. We need water for life, our crops, animals, gardens, fish, wildlife and industry big or small. There is not one among us that wants to harm our environment, although if you raise questions you are painted as someone who hates the environment and that is a LIE!
We need to know how much water is in Whatcom County. That is the number one item for everyone to want to know. This is 2014 and we have the means to know and use the best science to learn the answer. If we have the knowledge to find underground rivers in the African Deserts we can do the same here.
WHATCOM COUNTY, THE CITY OF BELLINGHAM, PUD 1 and other elected and non-elected “Government” agencies/groups have spent thru Federal, State and local monies OVER $153,000,000.00 MILLION DOLLARS thru the middle of last year on water programs and we still don't know how much water we have! We can't make educated decisions that will affect all of us until we have that knowledge! WAKE UP WHATCOM COUNTY and demand the answers! Demand the truth from our Elected Officials!
Demand Honor and Virtue from them all! No More Back Room Deals, Secret negations, No More Deals that are not made in the PUBLIC EYE!
Remember that we as citizens have to make the time to EDUCATE ourselves, learn the TRUTH and be involved in OUR GOVERNMENT.
Karen Brown-Private Citizen