- 70th Anniversary: On the Day of Love, Remember Dresden February 13-15, 1945
- A Failed Petition for Writ of Certiorari: the Most Important Project of the Year
- About Charles Edward Lincoln, III: For Family, Home, and Freedom (Make it Real)
- Joan of Arc’s 600th birthday in France—Vive Marine Le Pen and the Front National!
- Jon Roland & Shelley Sue Thomson in 2006-2007—Revisiting the Most Unkindest Cut of All….. Treachery not only by Friends, but by Friends for whom one has done so much indisputable good….
- JUST NUKE NEW ORLEANS NOW! (Don’t dissipate history and culture gradually, Please get rid of it ALL AT ONCE, ONCE AND FOR ALL, why waste time?)
- Lies, Damned Lies, and Reviewing the History of some things that did and some things that never happened in 1997 or any time since….
- Race-Based Standing: the most outrageously perverse violation of Civil Rights laws in America (the Warren Court was a Fraud)
- Reconstructed Ethnohistory of the Southwest (In Memory of Cynthia Irwin-Williams & her field School at Salmon Ruins, San Juan County, New Mexico, ENMU)
- The History of Lago Vista 1997-8, and of the US District Court for the Western District of Texas
- TMI: Inflationary Facebook & Wikipedia lead to Depreciation of Knowledge & Information
- What healing or reconciliation can be found in Historical Lies and Present Self-Deception? Since the Bishop has not Responded, I write again, this time to Orissa Arend
- WHERE WEALTH (AND CHEAP ELECTRONIC KNOWLEDGE) ACCUMULATE AND MEN DECAY—from the Enclosure Acts to Einstein and the I-Phone….
- Government Terror Alert: City-Authorized Secret Prosecutions coming in New Orleans? A dangerous new ordinance….the Potential to Cover up Illegal Surveillance?
- “The Damnation of Confederate Memory”
- Jeff Sessions’ War on Personal Freedom
- Although a fight currently waged against metal and mortar, the glee attending the left’s dismantling of New Orleans’s Confederate statuary has taken on the stink of bloodlust. Down go the statues of Beauregard, Davis, and Lee; up come&n…
- Requiem for Pierre Gustave-Toutant Beauregard
- A Million Scarlet Roses, Alla Pugacheva (English & Russian Lyrics)
- About Charles Edward Lincoln, III: For Family, Home, and Freedom (Make it Real)
- When is a Pastor Embezzling from a Church? As the Feast of All Saints Approaches---is it time to Open the Barry Taylor Case to real inquiry as to all sides?
- Senior Reverend Barry Taylor, All Saints Church in Beverly Hills, has resigned: WHY?
- Aurora I. Diaz & David Wynn Miller & David Rodearmal v. Hillary Rodham Clinton
- The Goatman of Ojai, by Melinda Pillsbury-Foster, June 24, 2008 (reprinted from The Lone Star Iconoclast)
- William Todd Overcash, M.D., Speaks out Against Family Court Corruption in Marion County, Florida, and the Florida Fifth District Court of Appeal
- The "War on Drugs" is the "War on the American People"---under Obama as under Bush 43rd as under Clinton as under Bush 41st as under Reagan, Carter, and all the way back to Nixon---Rockefeller Started it in New York---why?
- Carrie Luft's Extraordinary First Amended Complaint Allowed in the Middle District of Florida
- "We have a highly politicized criminal justice system" (New York Times)
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- December 2013
- November 2013
- October 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
Tag Archives: NEPA
in my ideas: I spoke (for a whopping three minutes) at the City Council on Thursday morning and stated that the monuments should be protected by Federal Law under the 1969 National Environmental Policy and Protection Act, especially its “Cultural Resource Management” provisions and the National Historic Preservation Act.
I suggested to Councilwoman-at-Large Stacy Head, and the Council that an initial Environmental Assessment (E.A.) and Environmental Impact Statement (E.I.S.) should prepared concerning the physical and social environment of New Orleans. I would go so far as to suggest that the French Quarter and Garden District, at the very least, should be declared part of a UNESCO World Heritage Site.
So, I agree in principal that the monuments should be protected under Federal Law, but I do believe that all the monuments themselves rest on New Orleans Corporate (i.e. City owned) or Parish Property rather than Federal Property. I know of only one “National Park” within the City of New Orleans, namely the Jean Lafitte National Park…. If you know differently, please private message me and we can talk.
I met and introduced Tim Shea Carroll to the Archivist of the Clerk of Court, and I know he inquired about deed restrictions on the Beauregard Monument. If anything, there may be private servitudes under Louisiana Civil Code Law that control or should control the disposition of these monuments.
Landrieu has raised all this under New Orleans “Nuissance” Law, and “Nuissance Law” is fundamentally about land use and public policy—-I strongly contend that NEPA and NHSPA federally PREEMPT State and Local Nuissance Ordinances, but even just applying the Civil Code Law of Nuissance, I don’t think Landrieu’s position has any validity.
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 firstname.lastname@example.org. 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.