| Regarding the Swamp Gas threat to sue me. Dear Reader, (which apparently is only the Swamp Gas staff) Shocked, shocked I tell you. I received a 13 page letter from Swamp Gas signed by the Executive Director, Mr. **** ****** and the President of the Board, a Mr. **** ******, yesterday via the vehicle of overnight FEDEX, paid for, no doubt with funds donated for the purpose of protecting the environment, not threatening critics. I had several conversations around campfires recently. The question we proposed and ruminated over; who or what gets Swamp Gas's next lawsuit? Well, danged if it doesn't look like they are lining me up in their gun sights. I imagine they will be reviewing this site for my compliance with their demands, I can save the cost of a stamp by placing information addressing their points, others reading this site (all 4 of them) won't know exactly what is being addressed, but, let us see how this goes. The letter began with this phrase, plus much more; Request to Cease and Desist Publication of Defamatory Statement. Along with this phrase; "Please note that this disclaimer does not absolve you of your responsibility under defamation law of guaranteeing the accuracy of information on your website". The disclaimer **** denies the validity of, is highlighted in red above these paragraphs. The balance of the letter noted my various sins in relation to Swamp Gas and its actions. I will address their contentions throughout this website, now, in most instances I will not quote from the letter, it would have been much nicer of them to email the thing, I would then be able to cut and paste, so J****, when you read this, would you please go ahead and email me the text? Thanks in advance (02/07/2012, I guess he is pretty busy, I never did get an emailed copy). The wording of the letter indicates that it is the opening move in a "Strategic Lawsuit Against Public Participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition." Slapp Lawsuits are usually filed by developers against those who oppose a development. Its use to silence an individual critical of a radical environmental group may be a new use. "The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat (the letter received by me yesterday). The difficulty, of course, is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims." SLAPPs take various forms but the most common is a civil suit for defamation. cite My conjecture that this letter is preparatory to a SLAPP suit is based on the repetitious use of the following words: false, defamatory, malicious, malice. Of course, in questioning my integrity, Swamp Gas is making malicious defamatory statements about me, anyone who knows me, knows that I am an ethical person. As the dear reader reads the data on this website it should be apparent that ourtask is to redirect Swamp Gas, not to defame it. Their text here; "Page 11, section 14. Your WTW website mischaracterizes Swamp Gas's use of litigation as a last resort". As I read this letter sent to me via overnight FEDEX, the legalese, the constant repetition of the words defamatory and malicious. They "demand" I retract, This indicates to me that this is a pre litigation letter, that despite their protests to the contrary, they plan to sue without any courtesies extended unless I kowtow. This indicates the mindset of Swamp Gas far more than any words. Los Padres Forest Council has a list of expectations for Swamp Gas, never at any time has Swamp Gas indicated any interest in even considering our requests. They have a big hammer, and they like using it. The Los Padres National Forest would be far better served if Swamp Gas became what we have requested it to do, that is become Los Padres Forest Assistance. For instance, the Los Padres Forest has three staff biologists. It would be much better for the Forest if Swamp Gas assisted the Forest Service in their biological surveys, instead of stamping their feet that three biologists are not keeping up with their immense work load. It is important for the reader to understand, that a year and a half ago I was a supporter of Swamp Gas, but that their actions over the past year and a half have killed that off. It is also important for the reader to understand that I am far from the only one who has become severely disappointed by the actions of Swamp Gas. This disappointment and frankly, disapproval is why this website was created. If Swamp Gas does actually sue, I will send press releases to dozens of media, print, TV, radio, and internet. To other user groups such as CORVA and the Blue Ribbon Coalition, and to all political figures which have an interest in free speech and environmental issues, pro or con. Ted Williams the author of the piece critical of CBD I quote on the site would be interested, and to every donor to Swamp Gas I can come up with. I will create a Facebook page, a Twitter account, and a great Youtube Video which one of my kid's media savvy friends can help me put together. It would be like the "Arab Spring" except this would be the "Los Padres Autumn". The press release would read read much like this; Radical Environmental group sues old retired guy because he dared to criticize them. Swamp Gas is using funds donated by the public to protect the environment to stifle free speech. To continue; I found a website harshly critical of Swamp Gas, quite independent of any thing I have done, as it dates from a few years ago. One phrase stuck in my mind, Eco Litigator. The author of that website called Swamp Gas an "Eco Litigator". I received an email the other day that contained these two lines, among others: "Sir; I am thrilled and amazed to find your website" and " I too feel that the extreme groups have lost sight of what is best for the management of public lands. They appear to see only what is best for their own chosen type of recreation." More criticisms from others can be found here. What I have found is that disapproval of Swamp Gas and its actions, and its two primary directors is not limited to me, by a long shot. What they have done is to move me from a supporter of Swamp Gas two years ago, to an implacable opponent of Swamp Gas, I find their actions reprehensible and an affront to those who actually care about our public lands. | Los Padres Forest Council News. Draft of the Wilderness Bill, which includes the Lake Piru land swap which certain radical environmental groups have denied were in the bill. It also includes expanded OHV routes which appear problematic, more on that as I match the route numbers to the map. Link Here Los Padres Swamp Gas appears to be in violation of California State Law. By law all "charitable organizations" are required to submit their IRS form 990, the equivalent for non profits of the 1099. As of December 31, 2011 FW had not done so, placing them in violation of the law, near as I can tell, of course it may not be..... I put that in there so that Swamp Gas cannot accuse me of defamation. Los Padres Forest Council Redirects Los Padres Swamp Gas as per Mission Statement. Los Padres Forest Council actions have resulted in a positive change in what Los Padres Swamp Gas does in our forest which is the sole purpose of Los Padres Forest Council. Los Padres Swamp Gas has now committed to do trail maintenance, in addition, due to our efforts they are planning to address the issue of power tool use in Wilderness Areas.. I do doubt they will be coming to us for pack mule support:) The truth of this is that a few of the SG members showed up on a work project organized by a different group altogether. So the article is basically propaganda. "Trail Maintenance Program Volunteers ready to tackle a new task in the forest Last weekend, December 10th and 11th, a group of dedicated volunteers from various local groups including Los Padres Swamp Gas took on some much needed trail maintenance work in the Santa Barbara backcountry. " Los Padres Swamp Gas has major error on webpage Swamp Gas needs to correct an error on their website. It states; "Swamp Gas is the only nonprofit organization focused solely on protecting wildlife and wild places throughout the Los Padres National Forest and the Carrizo Plain National Monument. " This statement is not factually accurate Los Padres Forest Council is also a non profit focused solely on protecting wildlife and wild places throughout the Los Padres National Forest and the Carrizo Plain National Monument. Our mission is to protect our public lands and wildlife from overreaching environmental groups. Backcountry Horsemen, Los Padres Unit, opposes new Wilderness BCH, Los Padres voted at the November General Meeting to oppose the creation of more wilderness areas in the Los Padres Forest. When the Forest Service can maintain the wilderness trails they already have, then it is time to take a look at more wilderness, but for now, no mas. The reason for the Wilderness proposals, and the proposed Forest Service, United Water Conservation District land swap is, drum roll....Water inundates the Forest Service land, which requires United Water Conservation District to adhere to strict, federal environmental rules. The swap would take away those federal restrictions. Read more: http://www.vcstar.com/news/2011/oct/08/ large-swaths-of-national-forest-proposed-as/#ixzz1ahaaiUUP - vcstar.com Lawsuits by Radical Environmental groups are paid for by us, taxpayers LiTiGATiON: Forest Service paid $6.1M in groups' legal fees over six years -- study The Forest Service paid $6.1 million in legal fees to groups that sued it over a six-year period, according to an academic study that casts new light on a politically charged issue. The new report -- published in the latest issue of the Society of American Foresters' Journal of Forestry -- includes data from the Forest Service and Justice Department obtained through Freedom of information Act requests. The payments cover the period 1999 to 2005. The researchers Michael Mortimer, an assistant professor at the College of Natural Resources and Environment at Virginia Tech University, and Robert Malmsheimer, a professor at the State University of New York College of Environmental Science and Forestry. it is estimated that in the past 5 years that figure has been exceeded. I can estimate that these lawsuits have cost us taxpayers in excess of $12,000,000. | Biography I bet that there is someone out there saying, "really now, who is this guy, so, here is a short Bio. I am married, with three children in University currently. I was born on the Central Coast and spent my youth hiking and camping in the hills of the Central Coast. I served four years in the United States Navy during Vietnam. I went to University on the GI Bill and earned a baccalaureate in History, along the way I have gathered another 100 credits or so in Education. I worked for the United States Forest Service as a firefighter and fuels management technician. I have worked as a ski instructor. I have worked as a ski patrolman. I have worked as a ski mountaineering guide. I have worked as a guide on REI mountain bike trips in Death Valley. I have operated a commercial llama packing outfit leading trips in the Nevada wildernesses and the Eastern Sierra I spent many years as a member of the Tahoe Nordic Search and Rescue team, specializing in rescue and recovery of lost and injured victims in the winter Sierra environment. I was a school teacher, I taught, among other things, gifted students, that is students with IQ's of 130 and above. I retired from that a few years ago in order to care for my aged mother. I have lived on our 26 foot sailboat with my family sailing the coast of Mexico, during that time we explored the Natural, Cultural and Historical history of the areas of Mexico we visited, and transmitted that data via internet to our home school district and to any other school in American interested in our "virtual" field trip. I am the director of the SLOCREST Trail committee, designing and mapping a multiple use trail from the Carrizo Plains to Morro Bay I am also mapping and designing the Coast Range Trail which will run from the Pacific Crest Trail in southern California to the Pacific Crest Trail in Northern California, which will allow all season through hiking, and a unique circumnavigation of the Central Valley. I currently serve on the board of directors of the Backcountry Horsemen of California, Los Padres Unit. with approximately 250 members on the Central Coast. I am the Project Director responsible for planning and carrying out our many trail maintenance projects. I currently serve the 1st Vice President on the board of directors of the Backcountry Horsemen of California, with approximately 3,000 members state wide. I can usually be found out on a trail with tools. |
| A complaint of Swamp Gas is that the website discussion of Monterey oil leases was in error. My answer to that is; Page 2 Section 2. is taken directly from http://www.thebusinessjournal.com/environment/ Any questions of accuracy should be directed to it. |
| Swamp Gas Santa Barbara, CA 93102 We had told you last week during our telecon that we would get back to you after the meeting that would occur regarding the activities of Swamp Gas Our group did meet, we wound up with more questions than answers, for the present, we can refer to the group as "The Council". It is the judgment of all in the group, and a judgment shared by a wide spectrum of forest users that the majority of road closures are indeed a result of your lawsuit despite the protestations of Swamp Gas and the Los Padres Forest. Now, you may contest this, but, the perception that Swamp Gas actions resulted in the road closures is widespread. The lawsuit may ill be a PR debacle for Swamp Gas. I, representing both my family's interests, and the interests of the Council, request the following: 1. How does the current wilderness proposal/land swap differ from the wilderness/land swap outlined here? http://lospadres.sierraclub.org/newsletter/2006-04_Aug_Sep.pdf 2. it appears that Swamp Gas was against this proposal before it was for it. Please clarify this for us: http://www.lpfw.org/docs/PiruLandExLetter.pdf 3. Please give us copies of your budgets for the last two years in addition to your balance sheets, showing details of compensation. 4. Please give us information on the board members and contact numbers. 5. Please give us a list of funding sources and amounts. 6. Please provide us with a copy of the lawsuit with the LPNF, AND specific results of the negotiated settlement. 7. How much was paid to whom for litigation. 8. How much was paid by the LPNF under the settlement? if you will not provide this information, what is the method for us to get this information? Swamp Gas; the interest of my family in the Los Padres Forest is aligned with the interest of The Council, but not identical. We have farmed in the Santa Maria and Arroyo Grande Valleys for over 100 years, our farms are utterly dependent on the watersheds protected by the Los Padres National Forest for our irrigation water. We take seriously any threat to those watersheds. Fire is the single biggest threat, we feel and this is backed up by the stack of letters we have from various sources that the Swamp Gas actions have, for a number of years reduced the ability of the Forest Service to prevent and to suppress wildfire. The current road closures resulting from your lawsuit. in our opinion the actions of Swamp Gas are simply irresponsible. Sincerely, Richard Waller |
| His response; Hi Richard, Most of the information you are requesting is available through a variety of public sources. However, please be aware that some parts of your request – like employee salaries – are personal and confidential, and releasing them would violate state and federal law as well as our employees’ rights to privacy. Our Board President and we would like to sit down and meet with you in person so that we can listen to your concerns and try our best to address them. Maybe we'll reach agreement on some things, and maybe well disagree on others, but iIthink that beginning a dialogue with you is important. if you are open to it, please let me know your availability over the next couple of weeks and we can figure out a place to meet. Cheers, Swamp Gas Santa Barbara, CA 93102 |
| Another member of the council's email to Swamp Gas; Swamp Gas, I think that what our Council of Nonprofits really wants to know is just the basics of budget finances with Swamp Gas. What portion of your $280,000 budget goes to salaries? That is not unreasonable to ask. What other basic expenditures, such as outside consultants, legal, fund raising, etc. are budgeted? Who got paid how much in a negotiated settlement with the LPNF. Our six nonprofits are all operated by volunteers. Our concerns are about a group of paid individuals of a nonprofit that are seemingly working at cross purposes to what i are trying to do. Basically, SG is aggressively hindering the LPNF from brushing back forest roads, creating a situation where it is more expensive and time consuming for the LPNF to open small sections of existing roads that need only minor repairs, taking time from LPNF employees by forcing them to respond to, in our opinion, frivolous lawsuits, costing the Los Padres National Forest money for your legal fees, and Swamp Gas's support of expanded Wilderness which ALL do not want to see happen. I want to see more transparency from your organization. And since i work at the same issues in the LPNF expect to provide you with input before you proceed in such assertive efforts. After you give us some details then it would be good to meet with you and your board president and clear up some of these issues. Any place that is halfway betien SLO and SB. Rich and I are both pretty flexible in our schedules and would invite other council members. |
| To my knowledge there has been no reply. |
| Contact Richard at greatbasinguide@gmail.com for comments or questions on either content or the website itself. |