by Dr. Ed Berry
“Going to Pieces” Author Elaine Willman wrote a letter yesterday. Clarice forwarded Willman’s letter. Kirk MacKenzie from California forwarded Clarice’s forward. That’s the Tea-Party at work.
Willmans letter proves Compact opponents are driven by their conspiracy theories, not facts. Further, Willman’s case against the Compact is so pathetic it should be a wake-up call to all opponents that their case is founded on fundamentalist delusions.
Willman plays lawyer and fails. She can’t connect the Compact to her conspiracy theories. Her letter is hyperventilation and nothing more. It’s a dire verdict on Montana’s Tea-Party Republicans that they continue to believe this crap.
Willman believes the Compact violates:
- 1970 National Environmental Policy Act (NEPA) and 1971 Montana Environmental Policy Act (MEPA)
- 1973 Montana State Constitution, Article IX and Article II
- 1975 Indian Education and Self-Determination Act (Public Law 93-638)
- 1981 Montana v. U.S. 450 U.S. 544
But Willman is wrong because:
- The CSKT Compact does NOT violate MEPA or NEPA.
MEPA and NEPA do not apply to legislative actions. They only apply to actions by government agencies. Northern Plains Res. Council v. Mont. Bd. of Land Commrs., 366 Mont. 399, 288 P.3d 169 (2012).
Use common sense. If MEPA applied to the legislative actions then for all bills related to the environment the legislative session would be over before MEPA could complete its study. This would not work with Montana’s 4-month biannual legislative sessions.
- The CSKT Compact does not violate the Montana Constitution.