Tag Archives: NEPA

NEPA for NEW ORLEANS—Monuments & the Cultural Environment of New Orleans—invitation to join me in a new lawsuit to Save New Orleans’ Confederate Heritage

The Fight must go on to save our Southern and Confederate heritage in this beautiful city:
Last week, on March 6, 2017, Judges Higginbothom, Elrod, and Higginson of the United States Court of Appeals for the Fifth Circuit summarily upheld Judge Barbier’s ruling Monumental Task Committee v Foxx et al, (Confederate Era Monuments) 157 F.Supp.3d 573 (USDC EDLa, 26 January 2016) without further comment or opinion.  
Back in the Fall of 2015, I suggested at one or more of the New Orleans City Council “Hearings” prior to the removal ordinance that the National Environmental Policy Act (NEPA) provided an alternative litigation strategy. Now that the first round attempts have failed, I wonder whether any of you would be willing to join with me, as pro-se plaintiffs if necessary, asserting that the monuments should not be taken down without an Environmental Impact Statement under NEPA. I know one lawyer who might take this case, but we would have to pay him. I could draft and prepare research (using the Westlaw access at Tulane Law Library if necessary).
If any of you would be willing to contribute your names, time, or money to this cause… or have a group, please write to me at charles.e.lincoln@gmail.com. I will write back or call anyone who would be seriously interested in talking about this.  Even the Monumental Task Committee itself could amend its complaint to include NEPA and abandon some of its counts which didn’t work.  I looked at Judge Barbier’s opinion from last January again and it’s just a denial of a Preliminary Injunction, not a final judgment, so there won’t be any problem with res judicata…even though they lost the first round, they could apply again for a new injunction.  In short, NOTHING IS OVER AND DONE WITH YET.  THIS STORY COULD JUST BE BEGINNING if we have the will to fight…
We could certainly discuss this proposal here on Facebook, also. I know that the preservation of the monuments is at least in part a political question, but so is the preservation of the Grand Canyon, Yellowstone, and Yosemite. NEPA permits us to argue that these monuments are part of the social and cultural fabric of the city, that New Orleans is heavily subsidized by the Federal Government, and that no Federal Funds, or subsidized city funds, should be spent on this project without a full Environmental Impact Statement.
I would suggest that we could lend more weight to this argument if we were to propose that the monuments are embedded in the Victorian Matrix of the City, and that, in fact, New Orleans’ Victorian Architecture and Heritage, including these monuments, should be preserved as a UNESCO World Heritage Site…. Again, I made this proposal on the floor of the City Council meetings about 18-15 months ago. Some of you may have heard me, but nobody was willing to join me at that point.
The Monumental Task Committee did a heroic job, but it was not legally imaginative or creative. 17 December 2015 Monumental Task Force Verified Complaint for Declaratory & Injunctive Relief, USDC EDLA, 2015_WL_9302986  17 December 2015 Monumental Task Force Verified Complaint for Declaratory & Injunctive Relief, USDC EDLA, 2015_WL_9302986.

 I suggest that there are other avenues we could explore, but I sure don’t want to try it alone…

What does renaming Mount McKinley in Alaska have in Common with renaming Lee Circle & Jefferson Davis Parkway in New Orleans?? It is all part of the purge of everything Traditionally White in the USA.

The ownership of history defines a people and their nation. I am a Southern heir of the Confederacy and the Old South. I will never allow any modern politician to take my grandparents’ love for me or their love for their grandparents’ cause. I spent my elementary school years with a Confederate Flag hanging in my room, and related pictures all over my grandparents’ home and several aunts’ & uncles’ homes. To purge this heritage would mean to purge myself, and, I’m sorry folks, but I just don’t want to be purged.

 I took my son Charlie to Beauvoir (and Confederate Memorial Hall) many times when he was living here with me, when he was little.  I hope that there are enough people who feel as I do to make sure that my great-great grandchildren will still remember and honor the Lees, the Jacksons (Andrew & Stonewall), Davis, Beauregard, Forrest, the Polks (James K. & Leonidas), and all the other Confederate heroes of the war of 1861-65.

There is a Federal Law of Cultural Resource Management built into the National Environmental Policy Act of 1970 (“NEPA”). In my opinion, the removal of the Four Major Monuments and any other alterations would have a major negative impact on the cultural environment and resources of New Orleans.

It would disturb the management and preservation of all other features of the city to remove these centrally placed and important “monumental” focal points of attention. For all these reasons, removal of the monuments would violate Federal Law and must be opposed in Court if the City Council votes in favor. Oh, and we should campaign vigorously to recall the mayor and all members of the City Council and demand a special election. I, for one, think this is worth fighting for on every front, until the monuments can be secured “for ourselves and our posterity.”

I have to admit, I have NO such similar feelings about President William McKinley. http://www.washingtonpost.com/news/on-leadership/wp/2015/08/31/if-not-for-a-mountain-what-is-president-mckinleys-legacy/?wprss=rss_business  As the Washington Post article indicates, his only real legacy is the Spanish-American War of 1898, engendered and possibly engineered by the first major “False Flag” event in US History—the sinking of the Battleship Maine in Havana Harbor. 

In that rather inglorious imperialist episode, we conquered Cuba, Puerto Rico, the Philippine Islands and Guam from Spain.  Of these, we only have Puerto Rico and Guam to show for our efforts now.   The Annexation of Hawaii in the same year, 1898, had almost nothing to do with the Spanish-American War, but what the heck, so long as we were out there collecting Tropical Islands generally and Pacific Islands in particular, right? 

The Annexation of Hawaii was among the most utterly illegal acts ever committed in the name of the United States of America.  Hawaii had been recognized as a sovereign and independent nation, first as the self-governing indigenous Kingdom of Hawaii founded by King Kamehameha, for over 100 years, and then as an Anglo-Saxon Republic after the overthrow of the native Kingship, by all the major powers of the world, including the United States. 

In short, the Annexation of Hawaii was as absolutely and totally illegal as Cousin Abe’s war to suppress his own and his wife’s Southern cousins into submission, abject submission, although the Yankee Imperialist Conquest of Hawaii was bloodless and therefore “benign,” right?  Still, Hawaii has solid grounds for secession and nullification of its relations with the United States.  And I hope that Hawaii will lead the way in the dissolution of the Union.  That way the first shot of the next War of Secession doesn’t have to be fired here in the South this time.

(Oh, and that will resolve all questions regarding Barack Hussein Obama’s citizenship, although I, for one, am fairly convinced he was born in Kenya.  But since Hawaii was illegally annexed, it’s not part of the United States either, so “two birds with one stone.”)(yes, I am grinning as I write this last parenthetical).

But Why is Barack Obama involved in the renaming of Mount McKinley?  Is it because he is bitter about the annexation of his “native” Hawaii?  Well, if so, and as noted, I am too.

But I believe, really and truly, that Obama’s purpose in renaming Mount McKinley is part of a broader purpose and policy which stands as the cornerstone of his administration:  ALL OF WHITE AMERICA MUST BE SUPPRESSED AND DIE.   And McKinley, even if he was a nasty Republican Imperialist just like Abraham Lincoln before him and Theodore Roosevelt after him, was white.   And THAT, my friends, is what I would consider to be the real connexion between the renaming of Mount McKinley and the renaming of Lee Circle and Jefferson Davis Parkway…… One less “Monument” to a Dead White Male on the American map.

Obama claims that his purpose in renaming Mount Denali was to honor the Alaskan Athabaskans (Tinneh or Na Diné), who number approximately 6,400 in Alaska today, according to Wikipedia.   The total population of Alaska in 2013 was 737,259, and Hispanics outnumber Native Americans almost 3 to 1 as a percentage of the population.  http://quickfacts.census.gov/qfd/states/02000.html

I have no idea how many of these enrolled tribal members actually speak an Athabaskan language, but I am sure it is less than the 6,400 total, and so it is much less than the generation of millions of Elementary School Students who had to learn their American geography and history together. 

Wipe McKinley off the map?  I would be dishonest and hypocritical to say it were “no great loss”, even though I cannot and do not particularly admire the man or his “legacy.”  Because if traditional historical names can be changed for the benefit of tiny minorities…. well, then the 25,000 of us who have signed petitions to save Lee Circle and the Lee and Jefferson Davis Monuments in this city are indeed in a hopeless position.