New Property Rights Court Ruling !!


Well-Known Member

There has been a recent ruling by the U.S. Court of Appeals in the 4th Circuit that is of great interest to property rights advocates, land owners and the oil, gas, timber, mining, construction, industries. ((US vs Srnsky))

As you already know, land owners and industrial America have been hampered by environmental regulations such as ANILCA, NEPA, FLPMA, & ESA during the past two decades. There is lots of lobbying for new legislation to ease some of these regulations. We ourselves have testified before a congressional committee on these issues, yet little progress has been made to relieve many of the stringent restrictions of ambiguous environmental regulations that have left many companies on the verge of bankruptcy and left many landowners with nothing more than a worthless deed to show for their years of hard work.

Yet, in lite of the situation, I am happy to report some good news.

The U.S. 4th Circuit of Appeals has ruled Federal Law cannot preempt State Law concerning certain environmental regulations. This means::: Special Use Permits that follow ANILCA, FLPMA, NEPA, & ESA regulations, which require environmental impact studies, which charge high fees are no longer required.

The U.S. Forest Service has stated this ruling directly affects 24 million acres of U.S. National Forest lands, thousands of landowners will be able to access their land unencumbered by federal regulations, such as NEPA, FLPMA, ANILCA, ESA, etc.

The 4th Circuit of Appeals also suggested that ANILCA (ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT) is not even relevant to any state except Alaska! ANILCA has been the spearhead of the environmental movement during the past 20 years. ANILCA has stopped more more oil exploration, making America more dependent on foreign oil. ANILCA has stopped more home building, closed more roads, and stopped more timbering than any other piece of regulation in the history of the United States. This affects 191 million acres of government land and millions of acres of private land.

THIS NEW RULING WILL NOT GO UNCHALLENGED, the opposition will stop at nothing to win, the stakes are high, the reward is within our grasp, but our funds are gone. We have been fighting the governments unlimited amounts of money and teams of U.S. Attorneys since 1996.

WE NEED YOUR HELP!!!! We started fighting this lawsuit when the government brought it against us, for the simple reason that we wanted to drive through government land with unfettered access, to get to our home. But it has turned into one of the most controversial lawsuits in the history of the U.S. Forest Service. The government has said this ruling has set them back "100 years" in environmental regulation. Indeed it has. This case will undoubtedly go onto the U.S. Supreme Court. So if private landowners and the oil, gas, mining, timber, construction, and recreational industries wish to keep this ruling and reap the rewards of it, we need your Help. Congress will never pass legislation with such far reaching aspects of this ruling. We no longer need to be at the mercy of sometimes heartless environmental agendas, if we stand and unite together. But if it is "every man for himself", or you think this is a "cheap trick for free money", then I am afraid we are all doomed to lose. I cannot over emphasize the importance of this ruling to land owners and industrial America.

This ruling affects all 50 states of the union. I have seen case law after case law in which large fortune 500 companies have brought lawsuits which only reaped more stringent environmental regulations. Yet before us now, we have what may be the last chance to rescue Americans from tons of red tape. We are only regular people with a very small income, yet we have accomplished in court what oil and timber companies have only dreamed about. It is totally unbelievable.

America can get a new chance to bring proper environmental legislation with public input, with science not personal agenda, with a more friendly attitude towards capitalism, IF this ruling stands. I am hoping you can put us in contact with members, groups, or corporate leaders that favor this new ruling and wish to support it with donations for our lawyer fees. Your organization can reach people that we cannot. It is within your power to help us and yourselves. I have made my case and await America's response.

To read ruling got to: U.S.. U.S. 4TH CIRCUIT OF APPEALS COURT go under: OPINIONS type in: SRNSKY U.S. vs SRNSKY in the month of November 14th 2001

The law firm handling the case is:::
Defenders of Property Rights
Nancy & Roger Marzulla
1350 Connecticut Ave NW
Washington DC 20036
The Defenders of Property Rights is a non-profit law firm dedicated to the preservation of property rights.

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Well-Known Member
Thanks for the's so nice to hear some good news!

Winning IS everything