Thursday, September 30, 2010

Fund for Animals et al v BLM

Old but interesting case...could have been won if challenged on CONSTITUTIONAL grounds for BLMs unconstitutional nullification of statutes (WFHBA of 1971 &  FLMPA)

Case dismissed, finding;

"...The federal courts are not authorized to review agency policy choices in the abstract. In the absence of a specific statutory review provision—neither the Wild Horses and Burros Act nor NEPA contains one—the Administrative Procedure Act provides a generic cause of action to "[a] person suffering legal wrong (harm) because of agency action, or adversely affected or aggrieved (harmed) by agency action." 5 U.S.C. § 702 (emphasis added). Review under the APA is further limited to "final agency action for which there is no other adequate remedy in a court." Id. § 704 (emphasis added). Whether there has been "agency action" or "final agency action" within the meaning of the APA are threshold questions; if these requirements are not met, the action is not reviewable.4 See Nat'l Ass'n of Home Builders v. Norton, 415 F.3d 8, 13 (D.C.Cir.2005); DRG Funding Corp. v. Sec'y of Housing & Urban Dev., 76 F.3d 1212, 1214 (D.C.Cir.1996)...."

My commentary:

While it may be true that neither the WFHBA nor NEPA contain a statutory review provision upon which one could sue,.....(the APA requires a final determination as well as harm) The U.S. Constitution DOES provide broad review provisions for those alleging violations of same, and harm NEED NOT be claimed as the violation of the Constitution is the harm in and of itself)  Whenever it is alleged that the Constitution has been violated, that is a cause of action in itself. For instance,...if you have been discriminated at work or at school, you could sue under violation of the Civil Rights Act. If you have been denied due process you could sue under the due process clause,...etc. etc.

If federal statutes are being ignored they are,... in effect, nullified,...and the remedy would be to sue those ignoring the statues for a wrongful infringment of the SEPERATION OF POWERS clause of the US Constitution.

Only the legislative branch of our govt can make or nullify law.

The BLM, in ignoring the statues enacted to keep the wild ones upon their traditional lands and to be principle users of same,...and by their ignorning certain exemptions and provisions of FLMPA,....are NULLIFYING statues which is an unconstitutional delegation of power (onto themselves) of the lawmaking (or breaking) powers granted ONLY to the legislature.

The BLM needs to be sued for upsurping the powers of the legislature by their nullification of statutory law.

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