|
Any article listed below does not
necessarily reflect the opinion or endorsement of The PA Federation of
Sportsmen’s Clubs, Inc. (PFSC) NOTICE: In compliance with Title 17 U.S.C.
section 107, this material is distributed free without profit or payment for
non-profit research and educational purposes only. Be
sure to check out our Legislative
Alerts pages to follow legislation PFSC is tracking. August 2007 PICS Shutdown Update The plaintiff's attorney did not have anyone for the plaintiff's (gun dealers) available for testimony.
Not having anyone there to testify that the shutdown at this time would cause them an "economic hardship"....the judge had no choice but to dismiss the request for an injunction to delay the shutdown.
The IT witness for the
plaintiffs seemed to have the judge convinced the process could have
been completed without a complete shutdown, but because they didn't have
anyone to testify that a shutdown would cause anyone harm....the judge had to
dismiss the motion for an injunction. Case over. Shutdown begins
Sunday at
For more on the story:
By
MARTHA RAFFAELE Associated Press Writer Article
Launched: http://www.ydr.com/newsfull/ci_6770008 Commonwealth Court Judge Keith Quigley said he would not intervene, despite being asked to do so by gun dealers and a state lawmaker. The ruling allows gun sales to stop in No gun dealers appeared in court, and Quigley agreed with state police lawyers who argued a gun dealer should not be allowed to testify by phone. That left no testimony to back up the assertion that the shutdown would be costly for the businesses. "I haven't seen any harm," Quigley said. "I can't presume that." C. Robert Keenan "The rigid ideological climate of this administration prevented it from seeing any different approach to this," he said. A separate application for a permanent injunction to prevent any similar shutdowns in the future is still pending. State police notified gun dealers of the computer work earlier this
month, but lawmakers who head the sportsmen's caucus also protested,
particularly because it coincided with the first few days of dove and Rendell decided to proceed with the shutdown after hearing from a panel that suggested either a transition that would not interrupt Pennsylvania Instant Check System service at all or shutdowns in October or early January. Rendell said those options either conflicted with other scheduled computer work or were too costly, but said the shutdown would last about a day shorter than previously announced. State police operators will accept calls while the system is down, but checks will not be processed during that period. The system, which uses 1981 technology, provides criminal background information for schools, courts, federal agencies and local law enforcement. ~~~~~~~~~~~~~~~~~~~~~~~~~~
MOVES FORWARD WITH SHUTDOWN
Melody Zullinger 717-232-3480 For immediate release GOVERNOR GOES AGAINST PANEL
RECOMMENDATION MOVES FORWARD WITH SHUTDOWN On Firearm
dealers in Pennsylvanian, who will lose revenue during the shut down, were
not given sufficient notice; the notice letter was dated As opposition to this shutdown mounted, Governor Rendell formed an Ad Hoc Panel to discuss options to make this shutdown less inconvenient to dealers, sportsmen and other groups with a vested interest in keeping PICS operational. The panel, of which PFSC Executive Director Melody Zullinger was a member, recommended the PSP go back to the vender and explore options for something other than a complete shut down. Recognizing the chance of this happening was slim to none, the panel then suggested delaying the upgrade until January 2008. “The panel even recognized that postponing till January may not be a financially feasible option, so we agreed that any delay would be better than none, so as not to interfere with already scheduled special Labor Day sales events,” said Ms. Zullinger. Late
afternoon, on The sporting community, lead by the Pennsylvania Federation of Sportsmen’s Clubs, as well as several members of the panel, were completely taken aback when they heard Rendell’s decision. “We left the meeting Monday believing that we would at the least, see a temporary delay,” said Zullinger. “But instead we find out that it’s more important to do what’s less intrusive for the agency than it is to consider the economic concerns of the firearm retailers.”
The
Pennsylvania Association of Firearms Retailers and the National Association
of Firearms Retailers (NAFR), a division of NSSF, announced today they will
be joining a lawsuit filed by 26 Firearm Dealers and the Allegheny Co.
Sportsmen’s League against the Rendell administration to stop the PICS
outage. The case is set to be heard Friday, August 31 in
Representing nearly 100,00 sportsmen and women, the mission of the Pennsylvania Federation of Sportsmen’s Clubs, Inc. is to provide a statewide, united voice for the concerns of all sportsmen and conservationists, to ensure their rights and interests are protected and to protect and enhance the environment and our natural resources. The PFSC has 75 years of experience fighting for Pennsylvanians’ rights and privileges to hunt, fish, trap, shoot and boat, and for the conservation of the Commonwealth’s natural resources.
### ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Ph. 614/888-4868 • Fax 614/888-0326 Website: www.ussportsmen.org
• E-mail: info@ussportsmen.org FOR IMMEDIATE
RELEASE Contact: Beth Ruth
(614) 888-4868 ext. 214 State Must Give Increased Dog Law
Enforcement a Chance to Work ( On Aug. 15, the attorney general’s
office granted a recent Department of Agriculture request to allow
prosecutors to try criminal cases dealing with the state dog law. The
department had been requiring law enforcement officials, not lawyers, to
represent the state in such cases. According to the Philadelphia Inquirer,
prosecutors have been acting strictly as advisors to dog wardens who have
often been unable to convict animal abusers, many of whom are represented by
professional attorneys. While violators escaped justice, the
department has pursued a restrictive set of new regulations that will put
sporting dog kennels and hobby breeders out of business. Breeders who can
afford to remain in operation after complying with the regulations will be
forced to raise prices, since the state estimates the cost of implementation
will be as much as $10,000 per breeder. These factors will leave hunters
seeking to buy quality puppies to retrieve ducks, chase rabbits or point
pheasants high and dry. The regulations were proposed at the
direction of Gov. Ed Rendell, whose stated goal is to “remove the stain of
puppy mills from the commonwealth.” Unfortunately, the proposal will reach
far beyond that target. “The regulations will apply to the
hobbyist the same as it will to the large commercial breeder,” explained Rob
Sexton, U.S. Sportsmen’s The USSA and its allies in the
fast-growing Sporting Dog Defense Coalition have tried for months to convince
the Department of Agriculture to withdraw the regulations and rewrite the dog
law to create a distinction between commercial operations and hobbyists.
Sportsmen have repeatedly inquired whether there is sufficient enforcement
ability to address abusive breeders. The exposé by the Philadelphia
Inquirer and the resultant request by the Rendell administration to the
attorney general prove that enforcement has been lacking. Sportsmen’s groups continue to
implore the department to abandon the meat-cleaver approach to the problem
and give the new prosecutorial abilities a chance to show results. They have
also committed to help change the dog law, which will allow the department to
isolate the abusive commercial breeders. However, the Department of
Agriculture insists that the regulations continue to move forward. Making
matters worse, recent rhetoric from the agency and the governor’s office
refers to a need for “uniform regulations that apply to all kennels” in A one-size-fits-all policy has
contributed to many hunters’ beliefs that there is
an anti-hunting agenda behind the effort. “Hunters support bringing abusive
commercial breeders to justice,” said Sexton. “However, the governor and the
Department of Agriculture know how sportsmen will be hurt by the proposed
rules, so our members and allies wonder who is behind the continual push that
ignores hunters’ pleas.” The American Society for the
Prevention of Cruelty to Animals (ASPCA) and the Humane Society of the United
States (HSUS), both support a ban on hunting and have advocated strongly for
the regulations. Sportsmen must continue
to urge Gov. Ed Rendell to withdraw the dog care regulations. For a sample
letter, use the Legislative Action Center at www.ussportsmen.org to take action. Send letters to Gov. Ed Rendell, 225
Main Capitol Building, The U.S. Sportsmen’s -30- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ By The Associated Press
http://www.pittsburghlive.com/x/pittsburghtrib/news/breaking/s_522687.html
The warrants were issued -- and 51 weapons, including a machine gun, were seized -- through the efforts of a gun violence task force formed in December, state Attorney General Tom Corbett and Philadelphia District Attorney Lynne Abraham said at a news conference. Felons are prohibited from owning firearms and typically enlist the straw purchasers, who then report the guns as stolen in an attempt to avoid liability if the weapons are used in a crime. ~~~~~~~~~~~~~~~~~~ A different
kind of warden to take helm of
Wisconsin
Governor Jim Doyle is handing over administration of the Department of
Natural Resources (
Frank, a veteran of the Wisconsin Department
of Justice, was appointed following Scott Hassett’s
July 16 announcement of the termination of his four-year tenure as
A 1981 University of Wisconsin Law School graduate, Frank served 22 years as Assistant Attorney General for the Wisconsin Department of Justice, mostly under then-Attorney General Doyle. Previous to his appointment by Doyle as Department of Corrections Secretary in 2003, Frank spent six years overseeing the state’s environmental defense and enforcement actions. In a press release issued by the Governor’s office, Frank is touted as “an avid outdoorsman [who]…enjoys camping, hiking, biking, fishing, canoeing, kayaking and recreational boating with family and friends.”
While Hassett
(also an attorney and former newspaper publisher, and 2003 Doyle appointee)
cited personal rather than political reasons for his decision to leave the agency,
speculation among state conservationists attributes his resignation to the
Doyle administration’s ill-disguised desire to wield more control over the
Frank is not the first Doyle appointment of
a political loyalist to a top, current
Before 1995, the authority to appoint the ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Research to study wildlife-wind energy conflict areas approved Link: http://www.zwire.com/site/news.cfm?newsid=18697005&BRD=2715&PAG=461&dept_id=558782&rfi=6 The News Item The Center for Rural Pennsylvania’s Board of Directors
this week approved a research project that will develop a statewide tool for
evaluating potential conflict areas between protected or sensitive wildlife
species and commercial windpower developments. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Railroad joins Little Exclusive
club told to remove fencing, no trespassing signs Link:
http://www.post-gazette.com/pg/07220/807724-85.stm By Deborah Weisberg, Special to the Post-Gazette As
state attorneys and Donny Beaver prepare to do battle in a state appeals
court over access to the Little Juniata River, another matter is unfolding
along its banks. Norfolk
Southern Corp. has ordered Mr. Beaver, operator of the exclusive Spring Ridge
Club, to immediately remove barbed wire and "no trespassing" signs
from railroad property along the stream. If he fails to do so within 10 days,
Mr. Noe said yesterday that he doesn't know when the barbed
wire and signs were erected, but the railroad only recently was made aware of
them. The "no trespassing" signs bear the names of the Spring Ridge
Club and Legacy Conservation Group, two of several corporations Mr. Beaver
has or had an interest in. The barbed wire is strung among dense brush
downstream of Spruce Creek. "We
were advised by a third party of [the wire and signs'] existence," said
Mr. Noe. "We weren't aware of anything before
that. But once we became aware, we got concerned." Although
Mr. Beaver leases a small, relatively narrow strip of land from the railroad
along the Little Juniata, Mr. Noe said the signs
and barbed wire are beyond the leased section. He also said that while the
railroad "does not want to get in the middle of a dispute between the
state and Don Beaver ... when [Beaver] allegedly invaded our property, we
felt it was our duty to react." Mr.
Beaver declined to comment. In
the Aug. 3 letter to Mr. Beaver, Three
state agencies, including the Department of Environmental Protection, and
local fishing guide Allan Bright sued Mr. Beaver and the club four years ago
because they treated a 1.3-mile section of the river near Spruce Creek as members-only
water. Earlier
this year, Huntingdon County Common Pleas Judge Stewart Kurtz ruled in the
state's favor. Subsequently, Mr. Beaver was ordered not to post or hang signs
on the stream, not to "threaten, harass or otherwise attempt to exclude
the public" from the water and streambed, and not to advertise the river
as private. In
recent months, however, "no trespassing" signs and metal posts with
bright orange caps had been posted in and along the Little Juniata on the
side opposite the railroad tracks, where Mr. Beaver owns land for the Spring
Ridge Club, a private fishing organization that charges up to $80,000 for
membership and thousands more in annual fees. The metal posts and most of
those signs have since been removed. Mr. Beaver
appealed the judge's decision last month in a case that probably will be
argued early next year. Stan Stein, the attorney for Mr. Bright, who is seeking damages over income he claims he lost for all those years that the club advertised the Little Juniata as private, said the railroad issue "will have no effect on the appeal, but it may have an effect on how and whether the court might be asked to enforce the court order." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
http://sites.state.pa.us:80/PA_Exec/Military_Affairs/DMVA/1802.htm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Save HSCA By Brian
J. Hill The fact
that the general public doesn't know much about the Hazardous Sites Cleanup
Program speaks to its success. The fact that the program's funding is about
to run out should be alarming. When the
governor and General Assembly return to work on legislation in mid-September,
they'll only have a few days to find a solution to the problem of how to fund
the critical Hazardous Sites Cleanup Program before its money runs out in
October. A
last-minute proposal to take money away from the Keystone Recreation, Parks
and Conservation Fund was wisely shot down by a bipartisan group of
legislators before the final budget was adopted in July. However, the
question of how to provide dedicated, long-term funding for the valuable
Hazardous Sites Program was left hanging. Established
in 1988, the program provides the resources needed to respond to and
eliminate immediate threats to public health and safety from toxic substances
found on industrial sites or spilled in accidents. The
Department of Environmental Protection has a list of nearly 150 sites,
including 45 in But the
program does more: It helps
finance cleanup projects at abandoned industrial facilities and contaminated
sites. It
supports And it
provides nonhazardous environmental response
funding, such as cleanup activities after floods. Everyone
in A
proposed $2.25 fee on municipal waste disposed in the state was proposed by
Gov. Rendell as part of the budget in February. Other legislators have
suggested earmarking part of the corporate net income tax or the capital stock
and franchise tax to support the program. The $650 million budget surplus for
this year or a portion of the state's Rainy Day Fund could also be used. One
creative solution might be to use some of the $360 million legislators set
aside for their own projects - called WAMs, or
"walking-around money" - in this year's budget. What better way to
make an impact on your community than to clean up a toxic-waste site? And
taking a small amount from each caucus in the Senate and House would make it
a refreshingly bipartisan initiative. Pennsylvanians
need to know there are creative options for funding the Hazardous Sites
Cleanup Program that do not involve taking money from existing programs. But time
is running out, and legislators and the Governor need to act. Brian J. Hill is
president of the Pennsylvania Environmental Council. ````````````````````````````````````````` NRA opposes Ellwood gun ordinance Link: http://www.ellwoodcityledger.com/site/news.asp?brd=2724&pag=460&dept_id=563781 Mark E. Crepp, Ledger Staff Mayor
Don Clyde received a letter late last week from John Hohenwarter,
the NRA's Jones said Monday he had not seen a copy of the letter, but he disputed an accusation by the NRA that the ban would be illegal. Hohenwarter contacted The letter says NRA attorneys have found the amendment to be in direct violation of Title 18, which limits government's regulation of firearms and ammunition. In addition, the ordinance may be in conflict with the state constitution, the letter says. "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth," the letter stated, according to Clyde, who added the letter quoted from the state Constitution, "The right of the citizens to bear arms in defense of themselves and the state shall not be questioned." Jones
said borough officials intend to move forward on the ordinance, even though
the mayor has not decided whether to veto it. If no action is taken by During
a July 16 meeting, Councilman Anthony "Lefty" DeCarbo,
a retired police officer and chairman of the public safety committee, said he
wanted to clarify that the ordinance he proposed was not aimed at DeCarbo said the ordinance, which was unanimously adopted, was because he saw an irate borough electric company customer having words with employees of the electric billing office in the municipal building. He also wanted the ordinance adopted because he did not want people having weapons while in borough parks, noting that sometimes family or other gatherings in other municipalities have gotten out of hand. ~~~~~~~~~~~~~~~~ NRA-ILA Clearing the Air on the Instant
Check Bill ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For
Immediate
Release
Contact: Jeanne K.
Clark PennFuture: Federal Court Rules Post Bonds to Cover Entire Cost of Cleanup Harrisburg,
PA (August 3, 2007) –The United States Court of Appeals for the Third Circuit
yesterday gave a victory to Pennsylvania’s environment and economy by ruling
in favor of a coalition represented by Citizens for Pennsylvania’s Future (PennFuture) that the Commonwealth of Pennsylvania must
require the state’s coal operators to post bonds to cover the entire cost of
environmental cleanup. The case began in December 2003, when PennFuture filed a lawsuit on behalf of Pennsylvania
Federation of Sportsmen’s Clubs, Pennsylvania Council of Trout Unlimited
(formerly PA Trout), the Pennsylvania Chapter of the Sierra Club, the
Tri-State Citizens Mining Network (now known as the Center for Coalfield
Justice) and the Mountain Watershed Association against both the federal and
state governments for their failure to protect Pennsylvania’s environment
from damage caused by mining operations, including acid stream
pollution. PennFuture senior
attorney Kurt Weist, who argued the case before the
Third Circuit, said that “the court hit the fundamental point on the head.
The federal Surface Mining Control and Reclamation Act (SMCRA) requires mine operators to guarantee that all coal mines
operated after Weist added that
“ "This
decision vindicates the environmental community's assertion that coal
companies cannot be trusted to fulfill their legal obligations, based on
promises alone", said Jeff Schmidt, Director of the Sierra Club
Pennsylvania Chapter. "This decision is especially poignant for the
Sierra Club, since it comes on the 30th anniversary of the passage of SMCRA.
Our longtime Sierra Club leader on mining issues, Wyona
Coleman, was heavily involved in the original passage of SMCRA and also in
getting this litigation initiated and continued. We only wish that Wyona had lived long enough to see the successful outcome
of her litigation. We dedicate this win to Wyona
Coleman, longtime citizen advocate for the people and environment of the
coalfields," Schmidt concluded. “ Terry
Morrow, former chair and member of the Pennsylvania Council of Trout
Unlimited environmental committee agreed. "We are pleased that this long
effort has finally come to a positive conclusion. The ruling of the Court of
Appeals provides encouragement to Pennsylvania Trout Unlimited that the
commitments of time, effort and resources to restoring viable trout fisheries
to streams in the coal regions of Jim Kleissler, Executive Director of Center for Coalfield
Justice also praised the ruling. “At last, we are seeing some justice for the
people who live in the coalfields. They have been forced to live with
polluted and undrinkable water and dangerous mine pits, all abandoned by coal
operators. Finally, we have some hope that the coal industry will have to pay
for the damages they cause.” Mountain
Watershed Association Executive Director Beverly Braverman
lamented that the case was even necessary. “It is disheartening that our
government officials had to be taken to court and forced to do the right
thing. With an existing $15 billion backlog of old mine damage,
it is crystal clear we need to take action to stop the problem from getting
any worse. But the state has adopted policies that slashed the amount of
revenue generated by its reclamation fee, and has even proposed to eliminate
that fee entirely. The court’s ruling makes clear that those decisions took
the state in the wrong direction.” Under
federal and state law, the Pennsylvania DEP has primary responsibility for
regulating the state’s coal mining industry, with specific requirements that they
guarantee that coal mines post bonds large enough to repair any environmental
damage the mine may cause. This bonding requirement is crucial when coal
operations cease to exist or if damage happens after the mine closes, as is
frequently the case. The federal Office of Surface Mining ( The PennFuture lawsuit came after both the state and federal
governments had failed to meet these requirements. Today’s decision
specifically overturns two 2003 rulings by Late
last year, a new federal law was enacted on abandoned mine lands reclamation
that will bring PennFuture is a
statewide public interest membership organization that advances policies to
protect and improve the state’s environment and economy. PennFuture’s
activities include litigating cases before regulatory bodies and in local,
state and federal courts, advocating and advancing legislative action on a
state and federal level, public education and assisting citizens in public
advocacy. A copy
of the Third Circuit decision is available for download on the PennFuture website, www.pennfuture.org ~~~~~~~~~~~~~~~~~~~~~~~~~~ House Passes Farm Bill: H.R. 2419 From TRCP: On Friday, July 27th, the House of Representatives passed H.R. 2419, The Farm, Nutrition, and Bioenergy Act of 2007, commonly called the Farm Bill. As you know, this legislation represents the single greatest federal investment in conservation on private land. Over the course of many months, the collective voice of grassroots partners like you communicated the importance of a strong conservation title in the Farm Bill to those on Capitol Hill. Thank you for taking the time to make your voice heard; the results of your efforts are many positive elements in the conservation title of the House-passed bill. Considering the current tight budget climate, we were fortunate to get many conservation programs reauthorized at previous levels and even see some increases and new funding. Positive elements in the House Farm Bill include: "Open Fields" Open Fields is now
included in a Farm Bill for the very first time and is one step closer to
becoming a reality. This provision provides $20 million in funding to states
enabling them to enhance or create state public access programs. The U.S.
Fish and Wildlife Service indicates that the number
one reason for the decline in hunting and fishing activities is lack of
access. This will go a long way toward slowing this disturbing trend. Wetlands Reserve Program ( Increased funding for the Environmental Quality Incentive Program (EQIP) EQIP is the USDA's primary cost-share program for assisting farmers and ranchers seeking to meet conservation needs for soil, water, wetlands, and wildlife on working lands. The House bill increases EQIP by $1.1 billion over the next five years. The 2007 Farm Bill now moves to the Senate's Agriculture, Nutrition and Forestry Committee, where efforts are already under way to draft its own version. The same budgetary challenges present during the House process will also heavily influence the Senate. TRCP and the members of its Agriculture and Wildlife Working Group (AWWG) are looking forward to working closely with the senators and their staff to improve upon the good foundation for conservation laid in the House. TRCP will also continue to engage sportsmen and -women like you and keep you informed on the latest developments. Thanks to your efforts, we have made significant progress so far. With your enduring help, we can continue to influence the debate and grow conservation in the Farm Bill. From NWF: The House of Representatives finished its
work on the Farm Bill last week, voting to pass HR 2419 on a 231 to 191 vote. |
