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011What does the Center for Biological Diversity (CBD) have to do with the 42% of Arkansas land and private landowners that will be affected by the USFWS’ critical habitat designation for the Neosho mucket and Rabbitsfoot mussel?  Why doesn’t someone expose these sweetheart lawsuits for the shams they are?

Arkansas’ current problem started when the Center for Biological Diversity (CBD) filed a sweetheart lawsuit against Ken Salazar (Secretary of the Interior), Rowan Gould (Acting Director of the U.S. Fish & Wildlife Service), and the USFWS.

The lawsuit requests (demands) these two acquatic animals be placed on the “endangered” or “threatened” species list and so set into motion a timeline the plaintiffs can use to get their desired result:   Once “requested” via lawsuit, the USFWS has a legal timeline it must follow to include these acquatic animals on the list (or say why not).   If defendants do not adhere to the the statutory timeline, CBD’s sweetheart lawsuit gets “settled” in favor of CBD.

It gets worse:   This was not the only lawsuit CBD has filed, both in Arkansas and across the country.   if you Google “Center for Biological Diversity” and “lawsuit USFWS” you get pages and pages of results.

The CBD has been very busy filing various sweetheart lawsuits against other government agencies such as the National Highway & Transportation Safety Board (NHTSA) over greenhouse gas emissions and the Bureau of Land Management over erroneously finding “no significant impact” as a result of fracking on federal land in California.

The sheer number of lawsuits pretty much guarantees they will be settled on behalf of the plaintiff (CBD); no way could any government agency possibly respond in a timely manner to such a flood of “requests” for action!

Again, because the CBD flooded the USFWS with these suits, there can be only one result:   The USFWS defaults — and so each lawsuit pretty much automatically ends with a court order in favor of CBD, chipping away at private property rights and taking away the power of the Congress to make environmental law.

Remember, the current fight over the Neosho mucket and Rabbitsfoot mussel is not the only sweetheart lawsuit that already affects Arkansas.   At least 40 more are bearing down on our state, each one very much like this one, and each lawsuit will likely result in court orders and “settlements” that take away your right to use your private property and give it to activist judges.

Better buckle up Arkansas property owners, it’s gonna be a real rough ride.   Are you awake yet?