Andy Kerr

Conservationist, Writer, Analyst, Operative, Agitator, Strategist, Tactitian, Schmoozer, Raconteur

National Monuments

Filling the Congressional Conservation Pipeline for When It Unclogs

Filling the Congressional Conservation Pipeline for When It Unclogs

Several mostly good public lands conservation bills have been introduced in the 115th Congress (2017–18) but languish in committee, unable to get a vote on the floor of the House or the Senate.

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Using the Bundys for Good: Finding the Silver Lining for Public Lands

Using the Bundys for Good: Finding the Silver Lining for Public Lands

Don’t tell anyone, but the more the Bundys—especially the patriarch, Cliven—talk, the better off are America’s public lands. This is true even if Cliven doesn’t again go off-script and full-on racist...

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Abuse of Process by the Bundys: Trying to Make the Law Fit Their Beliefs

Abuse of Process by the Bundys: Trying to Make the Law Fit Their Beliefs

Fresh on the heels of the dismissal of federal charges, Cliven Bundy has filed a new lawsuit against the federal government. The suit was filed on January 25, 2018, in the eighth judicial district in and for Clark County, Nevada.

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Protecting the Pacific Northwest Offshore Ocean for This and Future Generations

Protecting the Pacific Northwest Offshore Ocean for This and Future Generations

Abstaining from mineral development offshore is the only way to protect the marine environment and the renewable resources that depend upon it.

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Many National Parks Arose From National Monuments

Many National Parks Arose From National Monuments

The originations of 25 of our 59 national parks, totaling 39.6 million acres, were first seeded by the establishment of a presidentially proclaimed national monument. Fourteen of these monumental 25 were established from more than one national monument proclamation, in that were expanded by later presidents.

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Precedent for Secretary Zinke’s Gut-Job on the National Monuments

Precedent for Secretary Zinke’s Gut-Job on the National Monuments

The Trump administration is moving ahead with its intention to review and rescind national monument designations for some public lands. Now a leaked memorandum from Secretary of the Interior Ryan Zinke shows that he will be pointing to unproclamations of portions of national monuments by previous presidents as precedent.... None of the unproclamations were ever litigated, so there has never been a judicial determination of whether those reputable legal scholars are indeed correct. Now, however, if President Trump acts on Secretary Zinke’s recommendations, the time will come for such a test.

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What’s in a Name? Preserving National Monuments Versus Antiquities Only

What’s in a Name? Preserving National Monuments Versus Antiquities Only

Back in the day, an Act of Congress, signed into law by President Theodore Roosevelt on June 8, 1906, soon after became commonly known as the “National Monument Act.” The more recently used name of the “Antiquities Act of 1906” must now be changed back to “National Monument Act of 1906.”

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Owyhee Canyonlands: Faux Conservation and Pork Barrel Development

Owyhee Canyonlands: Faux Conservation and Pork Barrel Development

The Owyhee Canyonlands in Oregon are worthy of inclusion in the National Park System, administered by the National Park Service. Now that would be local economic development! The Owyhee Canyonlands are worthy of designation by Congress as an overarching national conservation area with underlying wilderness and wild and scenic rivers where appropriate. The Owyhee Canyonlands are not deserving of a half-assed mineral withdrawal that locks in other harmful uses.

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The Westerman Bill: The Timber Industry’s Wet Dream

The Westerman Bill: The Timber Industry’s Wet Dream

Who wouldn’t want “resilient” (“able to withstand or recover quickly from difficult conditions”) forests? With the name Resilient Federal Forests Act of 2017 (H.R.2936, 115th Congress), what could possibly be wrong with this bill?

Everything. Judge neither a book by its cover nor a bill by its name.

Introduced by Representative Bruce Westerman (R-4th-AR), the bill is the timber industry’s wet dream legislation. In only his second term in Congress, Westerman has received more campaign contributions from Big Timber than any other industry.

The Westerman bill would legislate horrifically harmful public forest policy into law. 

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The National Marine Sanctuary System, Actual and Potential

The National Marine Sanctuary System, Actual and Potential

National Marine Sanctuaries have been established to protect shipwrecks, whales, coral reefs, and other things marinely spectacular. “Sanctuary” is generally a misnomer, though, in that NMSs are not true sanctuaries from all extractive uses. Most NMSs were established by the secretary of commerce in the process mandated in the NMSA. Surviving this process means that most NMSs come out the other end of the bureaucratic meat grinder as compromised. While oil and gas exploitation is generally banned (sometimes NOAA doesn’t do so, but Congress always steps in and does so ban), other extractive uses are often not.

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Will Trump Dump National Monuments?

President Trump signed an executive order on April 26, 2017, that directs Secretary of the Interior Ryan Zinke to review sixty-two of the last three presidents’ national monument proclamations, dating back to 1996. The review will result in a final report in four months that “shall include recommendations, Presidential actions, legislative proposals, or other actions consistent with law.”

The administration is interested in either totally abolishing, reducing in size, and/or weakening the protections for national monuments. Those prerogatives belong to Congress. If Trump tries, he’ll get a multitude of tweets saying, “See you in court!”

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Reigniting the Pacific Northwest Timber Wars by Logging More Old Growth: Bring It On, President Trump!

At 61 and with acrophobia, I’m no use in climbing old trees to defend them from the chainsaw. But a younger generation of activists will sit, en masse, in those threatened old-growth trees, in front of bulldozers, and/or in appropriate offices. And if it comes to that, I’m happy to get arrested in offices of the Forest Service, the Bureau of Land Management, the Republican Party, the timber industry, or elected officials.

Bring it on, President Trump. Bring it on, Big Timber. Bring it on, Rep. Walden. Go ahead, make my day: reignite the Pacific Northwest timber wars.

Let the battle be joined, as nothing less is at stake than the lands and forests we leave to future generations.

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A Congressional Conservation Agenda for the Twenty-First Century

With President-elect Trump having won the Electoral College and the Republicans being in the majority of both houses of the coming 115th (2017-2018) Congress, the public lands conservation community is going to be on defense like never before.

It was either the Prussian general Carl von Clausewitz (1780–1831) or the Manassa Mauler, William Harrison "Jack" Dempsey (1895–1983) who famously said that the best defense is a good offense. The conservation community needs to be for good things while we are opposing bad things.

Though we’ve burned through one-sixth of the current century, Congress has yet to enact any sweeping and bold public lands conservation legislation in the new millennium. There’s still time though, and a crying need.

You may be questioning my grip on reality at this moment, given the recent election. While I am quite cognizant of the dark times that await us, I’m equally aware that it often takes several Congresses (two-year terms) to enact sweeping and bold legislation into law....

There is no time like the present to begin to change political reality.

 

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National Monuments: Long-Term National Versus Short-Term Local Interests

The people of Boston might make more money chopping up Old Ironsides into souvenirs and leasing out the space on the water to a floating casino, but they can’t. The oldest commissioned ship in the United States Navy doesn’t belong to them alone. The people of Washington DC might make more money if the National Mall were converted to condominiums, but they can’t. The nation’s lawn doesn’t belong to them alone.

Nor do the nation’s federal public lands belong to locals alone.

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A Stage Theory of Elevating the Status of Federal Public Lands

If one rationally considered the probability of succeeding at elevating a discrete piece of federal public land to the status of a congressionally designated national what-have-you area (wilderness, wild and scenic river, national park, national monument, national recreation area, national wildlife refuge, or such), one might never embark on the voyage. One usually has to overcome an entrenched establishment of industry, locals, and government that doesn’t want things to change. Yet, conservationists proceed anyway, and if they are smart, clever, and persistent (with emphasis on the latter) enough, they do find success. It often takes a generation to change the world, or even a part of it.

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