DOCSLIB.ORG

Niskanen Center for Leave to Appear As Amicus Curiae in Support of Respondent and Real Parties in Interest

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Niskanen Center for Leave to Appear As Amicus Curiae in Support of Respondent and Real Parties in Interest (1 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-1, Page 1 of 4 Case No. 17-71692 In the United States Court of Appeals for the Ninth Circuit UNITED STATES OF AMERICA, et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON, Respondent, and KELSEY CASCADIA ROSE JULIANA, et al., Real Parties in Interest. On Petition for Writ of Mandamus in Case No. 6:15-cv-01517-TC-AA (D. Or.) MOTION OF NISKANEN CENTER FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF RESPONDENT AND REAL PARTIES IN INTEREST __________________________________________________________________ David Bookbinder Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 301-751-0611 [email protected] (2 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-1, Page 2 of 4 Pursuant to F.R.A.P. 29(a)(3), Niskanen Center, a 501(c)(3) libertarian think tank, requests leave to submit the attached amicus brief in the above-captioned action. Defendant-Petitioners and Plaintiff Real Parties in Interest having consented to this brief, Niskanen files this motion out of an abundance of caution as the District Court, the nominal Respondent, takes no position on it. Niskanen’s brief addresses solely the issues concerning the public trust doctrine. Niskanen takes no position on any other issue raised in this proceeding. Defendant United States asserts that the public trust doctrine does not apply to the federal government and, in any event, has been displaced by the Clean Air Act. Petition pp. 28-31. Because Plaintiffs make a limited response to the first argument (Answer, pp. 42-44), and none to the second, Niskanen believes that its brief will be of material assistance to the Court. Niskanen’s brief discusses the long line of Supreme Court cases applying the public trust doctrine to the federal government; the 20th century abrogation of common law private property interests in the atmosphere in favor of public ownership, which gives rise to a federal 1 (3 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-1, Page 3 of 4 responsibility for this resource; and the fact that, at a minimum, the Clean Air Act does not apply to emissions from sources outside of the United States, and thus cannot displace any common law remedy concerning injuries caused by those emissions. For these reasons, Niskanen respectfully requests that the Court grant this motion and allow the filing of Niskanen’s amicus curiae brief. Respectfully submitted, s/David Bookbinder David Bookbinder Chief Counsel Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 301-751-0611 [email protected] 2 (4 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-1, Page 4 of 4 Certificate of Service I certify that on September 5, 2017, I served a copy of the foregoing Motion for Leave to Appear as Amicus Curiae in Support of Respondent and Real Parties in Interest on counsel for all parties via the Court’s CM/ECF filing system. s/David Bookbinder David Bookbinder 3 (5 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 1 of 23 Case No. 17-71692 In the United States Court of Appeals for the Ninth Circuit UNITED STATES OF AMERICA, et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON, Respondent, and KELSEY CASCADIA ROSE JULIANA, et al., Real Parties in Interest. On Petition for Writ of Mandamus in Case No. 6:15-cv-01517-TC-AA (D. Or.) BRIEF OF AMICUS CURIAE NISKANEN CENTER IN SUPPORT OF RESPONDENT AND REAL PARTIES IN INTEREST __________________________________________________________________ David Bookbinder Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 301-751-0611 [email protected] (6 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 2 of 23 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Niskanen Center states that it does not have a parent corporation and that no publicly-held companies hold 10% or more of its stock. i (7 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 3 of 23 TABLE OF CONTENTS Page CORPORATE DISCLOSURE STATEMENT …………………... i TABLE OF CONTENTS …………………………………………… ii TABLE OF AUTHORITIES ....................................................... iii INTEREST OF AMICUS CURIAE ............................................. 1 SUMMARY OF ARGUMENT ..................................................... 2 ARGUMENT ................................................................................ 4 I. THE FEDERAL GOVERNMENT HOLDS THE ATMOSPHERE AS A PUBLIC TRUST. ….……………………… 4 A. The Supreme Court Has Recognized the Federal Government’s Public Trust Duties for More Than 170 Years. ………………………………………… 4 B. The Federal Government Has a Public Trust Duty to Protect the Atmosphere After it Eliminated Private Property Rights to Airspace in Favor of Public Ownership. ……………………………………………… 9 II. THE CLEAN AIR ACT DOES NOT DISPLACE THE FEDERAL GOVERNMENT’S ATMOSPHERIC PUBLIC TRUST DUTY. …………………………………………. 13 CONCLUSION ............................................................................... 15 ii (8 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 4 of 23 TABLE OF AUTHORITIES CASES Page(s) AEP v. Connecticut, 564 U.S. 410 (2011) ………………………… 13 Borax Ltd. v. Los Angeles, 296 U.S. 10 (1935) ………………….. 8 City of Tulsa v. Comm'rs of the Land Office, 101 P.2d 246 (Oklahoma 1940) …………………………………….. 8 Den ex dem. Gilliam v. Bird, 30 N.C. 280 (1848) ………………… 9 EPA v. EME Homer City Gen., 134 S. Ct. 1584 (2014) …………. 13 Illinois Central Railroad Co. v. Illinois, 146 U.S. 387 (1892) ….. 12 Johnson v. Curtiss Northwest Airplane Corp., Minn. Dist. Ct. (1923), reported in Aviation Cases (New York, Commerce Clearing House 1947- ) 1:61-63 ……………………… 9-10, 12 Knight v. United States Land Association, 141 U.S. 161 (1891) ………………………………………………….. 3, 7 Martin v. Waddell’s Lessee, 41 U.S. 367 (1842) …………………. 4, 5, 12 Missouri v. Holland, 252 U.S. 416 (1920) …………………………. 13 Oregon ex rel. State Land Bd. v. Corvallis Sand & Gravel Co., 429 U.S. 363 (1977) …………………………… 7, 8 Pollard’s Lessee v. Hagen, 44 U.S. 212 (1845) ………………….. 5, 6, 7 PPL Montana, LLC v. Montana, 565 U.S. 576 (2012) ……………. 8, 9 Smith v. New England Aircraft Co., 270 Mass. 511 (1930) ……… 10 iii (9 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 5 of 23 Swetland v. Curtiss Airport Co., 55 F.2d 201(6th Cir. 1932) ……….. 11 United States v. 1.58 Acres of Land, 523 F. Supp. 120 (D. Mass 1981) ……………………………………….. 13 United States v. Causby, 328 U.S. 256 (1946) ……………………… 11, 12 Weber v. Board of Harbor Commissioners, 85 U.S. 57 (1873) .......... 7 STATUTES Adams-Onis Treaty: 8 Stat. 252 …………………………………………………………………. 5 Air Commerce Act of 1926: 44 Stat. 568, § 6(a)……………………………………………………… 3, 10 44 Stat. 568, § 10 …………………………………………………… 3, 10, 12 Civil Aeronautics Act of 1938: 52 Stat. 973, § 3 …………………………………………………………. 12 Federal Aviation Act of 1958: 49 U.S.C. § 40103(a)(1) …………………………………………………... 12 49 U.S.C. § 40103(a)(2) …………………………………………………… 12 “Mobile Act” of 1804: 2 Stat. 251, § 11 ……………………………………………………………. 5 2 Stat. 734 …………………………………………………………………… 5 OTHER AUTHORITIES https://www.eia.gov/dnav/ng/hist/n9130us2m.htm ........................ 14-15 https://www.eia.gov/todayinenergy/detail.php?id=30332 ………… 14-15 https://www.eia.gov/dnav/pet/hist /LeafHandler.ashx?n=PET&s=MTTEXUS2&f=M…………………. 14-15 iv (10 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 6 of 23 https://www.eia.gov/outlooks/aeo/pdf/appa.pdf ………………………. 15 https://www.theguardian.com/environment/2016/nov/ 30/us-fossil-fuel-investment-obama-climate-change-legacy ……….. 15 v (11 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 7 of 23 STATEMENT OF INTEREST OF AMICUS CURIAE1 Amicus Niskanen Center is a 501(c)(3) libertarian think tank with a strong interest in securing Americans’ rights to their property, and the question whether the public trust doctrine applies to the federal government seriously implicates those rights.2 Petitioner United States concedes that the health and real property of all Americans is threatened by global warming, and that global warming is due to human emissions of greenhouse gasses.3 Answer, ¶¶ 5-8. But having abrogated private property interests in the atmosphere and declared it instead to be public property, the federal government now disclaims any trusteeship duty to properly manage and preserve it. Admitting that atmospheric degradation is a grave threat to all Americans, while denying that it has any responsibility to preserve this resource, is a complete abdication of the federal government’s sovereign responsibilities. 1 No counsel for any party authored any part of this brief, and no party, their counsel, or anyone other than Niskanen has made a monetary contribution intended to fund its preparation or submission. 2 This brief addresses only the public trust doctrine issue, and Niskanen takes no position on other issues raised in this proceeding. 3 Libertarian philosophy includes within “property” not only real and personal property, but also each person’s body. 1 (12 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 8 of 23 SUMMARY OF ARGUMENT The District Court committed no error – let alone “clear error” – in holding that the United States is subject to a public trust duty to protect the atmosphere, and that this remedy is not displaced by the Clean Air Act. During the 19th and early 20th centuries the Supreme Court was confronted with the federal government’s management of the quintessential public trust property – land under tidewaters and navigable waterways – in the territories that were later to become states. Because the original 13 states held all such lands as public trust property, and the Constitution (Article 4, § 3) requires that new states be admitted “on equal footing” with their predecessors, the Court held that new states must enjoy the same rights to those submerged lands within their borders.
Load more

Recommended publications
  • A Study of the Acquisition of Florida Mary Theodora Stromberg Loyola University Chicago
    Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1947 A Study of the Acquisition of Florida Mary Theodora Stromberg Loyola University Chicago Recommended Citation Stromberg, Mary Theodora, "A Study of the Acquisition of Florida" (1947). Master's Theses. Paper 381. http://ecommons.luc.edu/luc_theses/381 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1947 Mary Theodora Stromberg A STUDY OF THE ACQUISITION OF FLORIDA by Sister Mary Theodora Stromberg, S.S.N.D. A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master · of Arts in Loyola University February 1947 VITA Sister 1\lary Theodora Stromberg is a member of the School Sisters of Notre Dame whose principal American Motherhouse is in Milwaukee, Wisconsin. She received her early education in the Milwaukee Parochial Schools, attended Notre Dame High School, and later Mount Mary Col­ lege of Milwaukee. There she received her Bachelor of Arts Degree in January 1937 with majors in English and History. Sister has been on the faculty of the Academy of Our Lady, Longwood, for the past nine years. Since 1943, she has been at­ tending the Graduate.School of Loyola Uni­ versity, Chicago, Illinois. TABLE OF CONTENTS I. Florida, Object of Desire • • • • • • • • • • • 1 Reasons Why the United States Coveted the Floridas - Early History of the Colony - First Efforts to Acquire the Floridas - Suspension of Diplomatic Relations with Spain II.
    [Show full text]
  • Pilot Schooner ALABAMA (ALABAMIAN) HAER No
    Pilot Schooner ALABAMA (ALABAMIAN) HAER No. MA-64 Vineyard Haven Martha's Vineyard Dukes County Li A ^ ^ Massachusetts ' l PHOTOGRAPHS REDUCED COPIES OF MEASURED DRAWINGS WRITTEN HISTORICAL AND DESCRIPTIVE DATA Historic American Engineering Record National Park Service Department of the Interior Washington, DC 20013-7127 HISTORIC AMERICAN ENGINEERING RECORD Pilot Schooner ALABAMA (ALABAMIAN) HAER No. MA-64 Rig/Type of Craft: 2-masted schooner; mechanically propelled, sail assisted Trade: pilot vessel Official No.: 226177 Principle Dimensions: Length (overall): 88.63' Gross tonnage: 70 Beam: 21.6* Net tonnage: 35 Depth: 9.7' Location: moored in harbor at Vineyard Haven Martha's Vineyard Dukes County Massachusetts Date of Construction: 1925 Designer: Thomas F. McManus Builder: Pensacola Shipbuilding Co., Pensacola, Florida Present Owner: Robert S. Douglas Box 429 Vineyard Haven, Massachusetts 02568 Present Use: historic vessel Significance: ALABAMA was designed by Thomas F. McManus, a noted fi: schooner and yacht designer from Boston, Massachusetts. She was built during the final throes of the age of commercial sailing vessels in the United States and is one of a handful of McManus vessels known to survive. Historian: W. M. P. Dunne, HAER, 1988. Schooner Alabama HAER No. MA-64 (Page 2) TABLE OF CONTENTS Prologue 3 The Colonial Period at Mobile 1702-1813 5 Antebellum Mobile Bar Pilotage 10 The Civil War 17 The Post-Civil War Era 20 The Twentieth Century 25 The Mobile Pilot Boat Alabama, Ex-Alabamian, 1925-1988 35 Bibliography 39 Appendix, Vessel Documentation History - Mobile Pilot Boats 18434966 45 Schooner Alabama HAER No. MA-64 (Page 3) PROLOGUE A map of the Americas, drawn by Martin Waldenseemuller in 1507 at the college of St.
    [Show full text]
  • History of the United States of America During the First Administration Of
    CORNELL UNIVERSITY LIBRARY FROM -* ( The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924092892631 .L UNIVERSITY LIBRARY 3 1924 092 892 631 THE FIRST ADMINISTRATION OP THOMAS JEFFEKSOI^ 1801—1805 — HISTORY OP THE UNITED STATES. HENRY ADAMS. Vols. I. and II. The First Administration of Jefferson. 1801-1805. Vols. III. and IV.—The Second Administration OF Jefferson. 1806-1809. Vols. V. and VI.—The First Administration op Madison. 1809-1813. Vols. VII., Vllt., and IX.—The Second Adminis- tration OP Madison. 1813-1817. With an INDEZ TO the ISNTIBE WOBK. HISTORY UNITED STATES OF AMERICA DURING THE FIRST ADMINISTRATION OP THOMAS JEFFERSON By henry ADAMS Vol. II. NEW YORK CHARLES SCRIBNER'S SONS 1891 Copyright, 1889, By Chakles Sckibner's Sons. John Wilson and Son, Cambiudqe. CONTENTS OF VOL. II. CHAPTER PAGE I. Rupture of the Peace of Amiens 1 II. The Louisiana Treaty . 25 III. Claim to West Florida . 51 IV. Constitutional Difficulties.. 74 V. The Louisiana Debate . 94 Legislation . 116 VI. , Louisiana VII. Impeachments . 135 VIII. Conspiracy 160 IX. The Yazoo Claims 192 X. Tki.\l op Justice Chase 218 XL Quarrel with Yrujo . 245 XII. Pinckney's Diplomacy 264 XIII. Monroe and Talleyrand . 288 XIV. Relations with England 316 XV. Cordiality with England . 842 XVI. Anthony Merky .... 360 XVII. Jefferson's Enemie.-^ . 389 XVIII. England and Tripoli . 410 4.^9 Index to Vols. I. and II. ; HISTORY OF THE UNITED STATES. CHAPTER I. Congress expired ; Monroe set sail March 8, 1803 Washington relapsed into silence ; and the President and his Cabinet waited alone in the empty village, triumphing for the moment over their difficulties.
    [Show full text]
  • Joseph Marion Hernández 1788–1857
    H former members 1822–1898 H Joseph Marion Hernández 1788–1857 TERRITORIAL DELEGATE 1822–1823 JEFFERSONIAN REPUBLICAN FROM FLORIDA oseph Hernández, the first Hispanic Member of War (1756–1763). At that time, the Florida peninsula Congress and the first Territorial Delegate to represent was divided between East and West Florida.3 One JFlorida, bridged his state’s cultural and governmental historian describes Spanish East Florida as a “province transition from Spanish colony to U.S. territory. Hernández virtually devoid of people, a place rich in land but poor fought first for Spain and later for the United States; he in inhabitants.” By 1811 the population numbered barely also earned—and lost—a fortune that included three 4,000. St. Augustine and Fernandina, both coastal ports, plantations and numerous slaves. His complex life and were its only urban centers. The remainder of East Florida career as a slave-owning, Indian-fighting politician cut was “a scattering of forts, cotton and rice plantations, from Jacksonian cloth embodied conflicting attitudes citrus groves, farms, cattle-ranching operations, sawmills, toward statehood, representation, and territorial conquest. and lumber camps.” Many of the colonial properties were Though brief, his service to the territory set an effective nestled along the St. Marys, Nassau, and St. Johns Rivers. precedent, prompting the Washington City Gazette to The area’s major landmarks were military installations declare, a “compliment is due to the zeal and industry that guarded important routes on the rivers. East Florida of the honourable delegate from Florida, who during society was a “small, somewhat self-contained world, one the session, appeared at all times attentive to the objects in which Spanish officials had to carefully balance Crown connected with the prosperity of his constituents and the prerogatives against local needs and … defend Spanish interests of the Territory.”1 interests with limited resources.
    [Show full text]
  • The US Takeover of West Florida
    SUBSCRIBE NOW AND RECEIVE CRISIS AND LEVIATHAN* FREE! “The Independent Review does not accept “The Independent Review is pronouncements of government officials nor the excellent.” conventional wisdom at face value.” —GARY BECKER, Noble Laureate —JOHN R. MACARTHUR, Publisher, Harper’s in Economic Sciences Subscribe to The Independent Review and receive a free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterly journal, guided by co-editors Christopher J. Coyne, and Michael C. Munger, and Robert M. Whaples offers leading-edge insights on today’s most critical issues in economics, healthcare, education, law, history, political science, philosophy, and sociology. Thought-provoking and educational, The Independent Review is blazing the way toward informed debate! Student? Educator? Journalist? Business or civic leader? Engaged citizen? This journal is for YOU! *Order today for more FREE book options Perfect for students or anyone on the go! The Independent Review is available on mobile devices or tablets: iOS devices, Amazon Kindle Fire, or Android through Magzter. INDEPENDENT INSTITUTE, 100 SWAN WAY, OAKLAND, CA 94621 • 800-927-8733 • [email protected] PROMO CODE IRA1703 Etceteras... “Not Merely Perfidious but Ungrateful” The U.S. Takeover of West Florida ROBERT HIGGS Probably not one American in a hundred knows anything about the short-lived Republic of West Florida (1810). At first glance, it might seem to have sprung from a worthy fight for self-government and independence from Spain. West Floriday, that lovely nation, Free from king and tyranny, Thru’ the world shall be respected, For her true love of Liberty.
    [Show full text]
  • America's First Gulf War: the United States
    AMERICA’S FIRST GULF WAR: THE UNITED STATES CAMPAIGN FOR THE GULF COAST, 1810-1819 ____________ A Thesis Presented to the Faculty of California State University, Chico ____________ In Partial Fulfillment of the Requirements for the Degree Master of Arts in History ____________ by Russell H. Eads Summer 2016 i AMERICA’S FIRST GULF WAR: THE UNITED STATES CAMPAIGN FOR THE GULF COAST, 1810-1819 A Thesis by Russell H. Eads Summer 2016 APPROVED BY THE INTERIM DEAN OF GRADUATE STUDIES: ______________________________ Sharon A. Barrios, Ph.D. APPROVED BY THE GRADUATE ADVISORY COMMITTEE: ______________________________ Robert Tinkler, Ph.D., Chair ______________________________ Lisa Emmerich, Ph.D. ______________________________ Michael Magliari, Ph.D. ii ACKNOWLEDGEMENTS Although this work was mostly a solitary exertion, I could not have completed it without the support and assistance of others. I would like to express genuine gratitude to Dr. Robert Tinkler for leading me through this adventure and making time for our many meetings. I would also like to thank Dr. Michael Magliari and Dr. Lisa Emmerich for their input, encouragement and advice. Without all their guidance, I would not have been able to craft this new perspective of history. I would also like to give special thanks to the employees at the Mobile Public Library and Georgia Department of Archives. Their assistance greatly facilitated my study by giving me access to historical records vital to my research. Additionally, I would like to thank Dr. Nathaniel Millett from Saint Louis University for taking the time to answer my questions regarding this specific field of study. I am in debt to so many friends and family who listened, advised, and supported me during this endeavor.
    [Show full text]
  • A Study of the Acquisition of Florida
    Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1947 A Study of the Acquisition of Florida Mary Theodora Stromberg Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_theses Part of the History Commons Recommended Citation Stromberg, Mary Theodora, "A Study of the Acquisition of Florida" (1947). Master's Theses. 381. https://ecommons.luc.edu/luc_theses/381 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1947 Mary Theodora Stromberg A STUDY OF THE ACQUISITION OF FLORIDA by Sister Mary Theodora Stromberg, S.S.N.D. A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master · of Arts in Loyola University February 1947 VITA Sister 1\lary Theodora Stromberg is a member of the School Sisters of Notre Dame whose principal American Motherhouse is in Milwaukee, Wisconsin. She received her early education in the Milwaukee Parochial Schools, attended Notre Dame High School, and later Mount Mary Col­ lege of Milwaukee. There she received her Bachelor of Arts Degree in January 1937 with majors in English and History. Sister has been on the faculty of the Academy of Our Lady, Longwood, for the past nine years. Since 1943, she has been at­ tending the Graduate.School of Loyola Uni­ versity, Chicago, Illinois.
    [Show full text]
  • A Treaty Signed by Spain That Gave Us Florida
    A Treaty Signed By Spain That Gave Us Florida Hexametrical Luciano still glimpses: unfavorable and reeking Lanny berried quite unmeasurably but glairing her gallows phylogenetically. Undated and collatable Graham still ranch his texases garishly. Claudius ravin caressingly while organoleptic Percy unbraces variedly or obscures puristically. Both groups who resisted, and culture and serving on united states troops there were that a treaty spain by gave florida civil rights of the thomas jefferson Links are those that he will be served written notice must receive it had been forcibly removed, including an individual whose hands was little effect on. MAKE LEARNING FUN AND EASY. Summers were uncomfortably hot for visitors. This treaty a spain by that us continued to obtain them to having sufficient proof of all european expedition to serve as special agent by conflicts kept paid emissaries in the jobs in. United states of the garay project of formal position oil industry marketing corporation policies of the fair housing law that the treaty spain defined by order. The success of this proposal manifested genuine diplomatic genius on the part of John Quincy Adams. Nothing said to done in hospitality course accommodate such informal endeavors may be made furniture or used as warden in part subsequent civil proceeding, but children have been numb to satisfy other specific requirements for hot the respond was developed. The acknowledgment of a domestic line of boundary through the fresh Sea forms a great epoch in stock history. Rumors of Cession of Florida to England III. American foreign and hopes of securing titles to lands irregularly obtained.
    [Show full text]
  • Brief for Niskanen Center
    Case: 18-36082, 03/01/2019, ID: 11212466, DktEntry: 48, Page 1 of 26 Case No. 18-36082 In the United States Court of Appeals for the Ninth Circuit KELSEY CASCADIA ROSE JULIANA, et al., Plaintiffs-Appellees, v. UNITED STATES OF AMERICA, et al., Defendants-Appellants. On Appeal from the United States District Court for the District of Oregon (No. 6:15-cv-01517-AA) BRIEF OF AMICUS CURIAE NISKANEN CENTER IN SUPPORT OF PLAINTIFFS-APPELLEES __________________________________________________________________ David Bookbinder Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 301-751-0611 [email protected] Case: 18-36082, 03/01/2019, ID: 11212466, DktEntry: 48, Page 2 of 26 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Niskanen Center states that it does not have a parent corporation and that no publicly-held companies hold 10% or more of its stock. i Case: 18-36082, 03/01/2019, ID: 11212466, DktEntry: 48, Page 3 of 26 TABLE OF CONTENTS Page CORPORATE DISCLOSURE STATEMENT …………………... i TABLE OF CONTENTS …………………………………………… ii TABLE OF AUTHORITIES ....................................................... iii INTEREST OF AMICUS CURIAE ............................................. 1 SUMMARY OF ARGUMENT ..................................................... 2 ARGUMENT ................................................................................ 4 I. THE FEDERAL GOVERNMENT HOLDS THE ATMOSPHERE AS A PUBLIC TRUST. ….……………………… 4 A. The Supreme Court Has Recognized the Federal Government’s Public Trust Duties for More Than 170 Years. ………………………………………… 4 B. The Federal Government Has a Public Trust Duty to Protect the Atmosphere After it Eliminated Private Property Rights to Airspace in Favor of Public Ownership. ……………………………………………… 11 II. THE CLEAN AIR ACT DOES NOT DISPLACE THE FEDERAL GOVERNMENT’S ATMOSPHERIC PUBLIC TRUST DUTY.
    [Show full text]
  • Amicus Brief Supporting Respondent and Real Parties in Interest
    Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 1 of 23 Case No. 17-71692 In the United States Court of Appeals for the Ninth Circuit UNITED STATES OF AMERICA, et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON, Respondent, and KELSEY CASCADIA ROSE JULIANA, et al., Real Parties in Interest. On Petition for Writ of Mandamus in Case No. 6:15-cv-01517-TC-AA (D. Or.) BRIEF OF AMICUS CURIAE NISKANEN CENTER IN SUPPORT OF RESPONDENT AND REAL PARTIES IN INTEREST __________________________________________________________________ David Bookbinder Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 301-751-0611 [email protected] Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 2 of 23 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Niskanen Center states that it does not have a parent corporation and that no publicly-held companies hold 10% or more of its stock. i Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-2, Page 3 of 23 TABLE OF CONTENTS Page CORPORATE DISCLOSURE STATEMENT …………………... i TABLE OF CONTENTS …………………………………………… ii TABLE OF AUTHORITIES ....................................................... iii INTEREST OF AMICUS CURIAE ............................................. 1 SUMMARY OF ARGUMENT ..................................................... 2 ARGUMENT ................................................................................ 4 I. THE FEDERAL GOVERNMENT HOLDS THE ATMOSPHERE AS A PUBLIC TRUST. ….……………………… 4 A. The Supreme Court Has Recognized the Federal Government’s Public Trust Duties for More Than 170 Years. ………………………………………… 4 B. The Federal Government Has a Public Trust Duty to Protect the Atmosphere After it Eliminated Private Property Rights to Airspace in Favor of Public Ownership.
    [Show full text]
  • The Role of American Diplomacy in the Louisiana Purchase
    Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 1976 The Role of American Diplomacy in the Louisiana Purchase Rebecca Warren Portland State University Let us know how access to this document benefits ouy . Follow this and additional works at: http://pdxscholar.library.pdx.edu/open_access_etds Part of the United States History Commons Recommended Citation Warren, Rebecca, "The Role of American Diplomacy in the Louisiana Purchase" (1976). Dissertations and Theses. Paper 2581. 10.15760/etd.2578 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. For more information, please contact [email protected]. AN ABSTRACT OF THE THESIS OF Rebecca Warren for the Master of Arts in History presented May 20, 1976. Title: The Role of American Diplomacy in the Louisiana Purchase. I' APPROVED BY.MEMBERS OF THE THESIS COMMITTEE: Thomas D. Morris When a powerful and ambitious nation peacefully transfers almost 600,000,000 acres to a comparatively insignificant nation, the event deserves careful scrutiny and evaluation. The Louisiana Purchase of 1803 was such a transaction. Although events and personalities surrounding the Purchase were complex and numerous, the one factor to be examined here is the role of American diplomacy. The problem is to determine the influence American diplomacy had in securing 2 the Louisiana Purchase. American diplomacy of 1803 originated with President Thomas Jefferson and Secretary of State· James Madison. To understand their goals and frustrations, their letters and writings have been examined. The diplomats entrus,ted with executing America's .foreign policy and negotiating with Spain, England and Fr·ance were Charles PitJ,ckney, Rufus King, Robert Livingston and James Monroe.
    [Show full text]
  • Former Hispanic-American Members from Democracy’S Borderlands Hispanic Congressional Representation in the Era of U.S
    H PART ONE H Former Hispanic-American Members From Democracy’s Borderlands hispanic congressional representation in the era of u.s. continental expansion, 1822–1898 The story of Hispanic Americans’ first century in Congress unfolded in conjunction with the drive for U.S. continental expansion. Through diplomacy or through war, the United States acquired territory once ruled by Spain (Florida and portions of Louisiana) and Mexico (Texas, New Mexico, Arizona, California, Nevada, Utah, and portions of present-day Colorado and Wyoming). Ten Hispanic Americans served in Congress before the Spanish-American War in 1898. With the exception of the first—Joseph Marion Hernández, a Territorial Delegate from Florida who served for a brief term during the 17th Congress (1821–1823)—and for Representative Romualdo Pacheco of California, all of them were Territorial Delegates from New Mexico. By incorporating these new possessions as territories, and eventually as states, Congress opened the door to Hispanic participation in the federal government. However, Hispanic representation in Congress consisted initially of a long line of Territorial Delegates with relatively brief tenures and limited powers who functioned more like lobbyists than traditional legislators. Just weeks after José Manuel Gallegos triumphed in a contested election, becoming New Mexico’s first Hispanic Territorial Delegate in the U.S. House, he faced the prospect of being a voiceless legislator, both literally and figuratively. A former priest from Mexico, Gallegos spoke no English, making him a bystander more than a participant on the House Floor. Unable to address the House or follow the debate, he relied on other Members to introduce resolutions for him, including Representative John Smith Phelps of Missouri, who at one point acted as Gallegos’s interpreter.
    [Show full text]