And now:Ish <[EMAIL PROTECTED]> writes: From: [EMAIL PROTECTED] (A. I. McCombs) Message-Id: <v02110101b2dc870acb33@[209.103.205.184]> Mime-Version: 1.0 Precedence: bulk Sender: [EMAIL PROTECTED] Subject: EarthWINS Daily #4.2 EarthWINS Daily #4.2 2/8/99 Contents 1. WISCONSIN: Nashville Wisconsin Under Siege! 2. WISCONSIN: Calling All Surfers! Clean Water Action Council Launches Its New Web Site 3. TENNESSEE: Save Our Cumberland Mountains 4. FWD: Campaign Finance Disaster +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1. Nashville Wisconsin Under Siege! February 8, 1999 For Immediate Release Please distribute widely For information contact Chuck Sleeter, Town Chairman of the Town of Nashville Ph: 715-478-2524(W) 715-484-4501(H) FAX: 715-478-2527 [EMAIL PROTECTED] http://www.nashvillewiundersiege.com/index.html David Takes on Goliath in Northeast Wisconsin (Nashville, WI) The tiny Town of Nashville is standing its ground against Nicolet Minerals Company, a subsidiary of the multinational, multibillion dollar Rio Algom mining company. The company wants to build an underground mine that would be partially within Nashville and extract approximately 55 million tons of ore over the next 30 years. Nashville is leading the fight in trying to prevent that from happening. The current members of the Nashville Town Board were elected in 1997 in an election that had over 99% of its eligible voters participate. The previous Town Board had entered into a Local Agreement with the mining company following a series of meetings discussing that agreement that were closed to the public. The previous Town Board approved the agreement despite the fact that at the public hearing for formal approval of it, the number of citizens opposing the agreement ounumbered those in favor by a four-to-one margin. Chuck Sleeter, Town Chairman, Duane Marshall and Robert Van Zile won their positions on the Town Board in 1997 by pledging to open Town government to the citizens, to undo the illegal Local Agreement and to fight to prevent the mine from being built. The Town is presently involved in major litigation relating to the closed meetings held by the former Town Board. The current Town Board stood up for the rights of its citizens by rescinding the Local Agreement that resulted from all those closed meetings. The current town Board also rescinded a lease that gave the mining company rights to any minerals under a Town road because the lease was created illegally. As a result of those actions, the Town also faces a real threat of more litigation because of a "Notice of Claim" filed by Nicolet Minerals Company alleging that the Town's recisions of those agreements were illegal. In direct correspondence to Nashville citizens, Nicolet Minerals is implicitly threatening to bankrupt the Town through litigation. In reality, the Town simply refused to honor illegal contracts that would have given Nicolet Minerals a green light to construct the mine. The Nashville Town Board and a majority of its citizens are committed to protecting the Town's environment and the health, safety and welfare of its citizens by standing up to Nicolet Minerals and Rio Algom. The Town has establised a legal defense fund to help cover the legal expenses necessary to defend itself. The fund belongs to the Town, as a public entity, and it will be used only for the public purpose of defending the Town against this litigation. Any contribution to it is considered a charitable contribution and is therefore tax deductible. The Town encourages those concerned about the environmental effects of such a huge mine at the headwaters of the Wolf River, and those concerned about the destructive behavior of multinational companies like Rio Algom, to give what they can afford to this fund to help protect our state. For more information on the status of the litigation the Town is involved in and the need to protect the Town's and the state's environment and natural resources, contact Chuck Sleeter, Town Chairman of the Town of Nashville. Nashville citizens have established a web site titled "Nashville Wisconsin Under Siege!" at http://www.nashvillewiundersiege.com/index.html to help raise money for the Town of Nashville Legal Defense Fund. Tax-deductible contributions may be made to Town of Nashville Legal Defense Fund c/o Chuck Sleeter / Joanne Tacopina P.O. Box 106 Pickerel, WI 54465 FAX: 715-478-2527 http://www.nashvillewiundersiege.com/index.html [EMAIL PROTECTED] For information about the web site contact Alice McCombs, 715-524-5998 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 2. Calling All Surfers! Clean Water Action Council Launches Its New Web Site For Immediate Release February 2, 1999 Contact: Alice McCombs 715-524-5998, [EMAIL PROTECTED] Calling All Surfers! Clean Water Action Council Launches Its New Web Site (Green Bay, WI) Fox Valley residents who want to learn more about clean-up plans for the Fox River now have another source of information. Clean Water Action Council of Northeastern Wisconsin announced its new web site, CWAC.Net, this past weekend at the Wisconsin Stewardship Network's Annual Conference in Stevens Point. Located on the web at http://www.cwac.net/index.html, CWAC.Net is a highly interactive site designed to increase public involvement in protecting clean water in Northeast Wisconsin and the Great Lakes. Visitors to CWAC.Net can read articles from the Council's monthly newsletter about toxic chemicals, mining, transportation, energy and other issues. Pages of links, such as "Clean Paper-Making," access current research into possible solutions for these serious environmental problems. Up-to-date information about the Fox Valley Superfund issue will be available on the site. Every page on CWAC.Net invites participation. Visitors can join a Clean Water Activist Forum, share information they have about issues, have their photographs posted in "The Beauty of Water," an online photo gallery and, of course, become a member of Clean Water Action Council. Future plans for the site include citizen guides, fact sheets, and "Kids Write," a section where young people can design and post their own web pages about clean water. CWAC.Net is designed by Council Board member Alice McCombs. Clean Water Action Council 1270 Main Street, Suite 120 Green Bay, WI 54302 Ph: 920-437-7304 / FAX: 920-437-7326 [EMAIL PROTECTED] http://www.cwac.net/index.html +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 3. TENNESSEE: Save Our Cumberland Mountains Date: Mon, 08 Feb 1999 14:12:05 -0500 From: SOCM <[EMAIL PROTECTED]> Plea for help from Fall Creek Falls The battle to save Fall Creek Falls State Park and Natural Area from the ravages of environmentally dangerous strip-mining in the watershed has been waging for nearly a decade. This fight has been to prevent any more mining in the headwaters of Fall Creek Falls, the tallest waterfall east of the Rockies. The mining in this area dips into the Sewanee Coal seam, the most acidic coal seam in the state. Mining here would also adversely affect tourism, the major source of income in the impovershed counties that surround the park, as well as put a portion of the Trail of Tears at risk. Members of "Save Our Cumberland Mountains" (SOCM) and allies across the state are working to support Fall Creek Falls by being vocal during comment periods on the Environmental Impact Statement, by sending letters and postcards to Secretary of the Interior Bruce Babbitt, by being part of public actions like the Banner drops at the park and in Knoxville, and in so many more ways. Still, our work is not done. The Office of Surface Mining (OSM) has decided to open the comment period on the Environmental Impact Statement again (for the 3rd time). The issues that the State of Tennessee, the Environmental Protection Agency, the Federal Fish and Wildlife Agency, SOCM, members of the Tennessee delegation to the United States Legislature, and the people of Tennessee have brought to the attention of OSM have not been addressed adequately. It is vital that pressure be increased on the Office of Surface Mining to do their job, that is a complete analysis of potential dangers to the area affected. Here are some issues that SOCM has outlined as concerns. *OSM has failed to produce convincing evidence that AMD (Acid Mine Drainage)produced by this area can be effectively predicted and treated. * The preferred alternative (OSM would like to not grant the Lands Unsuitable for Mining petition (LUMP) that we have filed, and instead have each potential mine file its own Environmental Impact Statement-- Without the LUMP some environmental damage is acceptable, with it environmental damage is not acceptable) does not take into account cumulative impact of numerous individually permitted mines. *The preferred alternative would shift the burden of permitting individual mines from the federal government to the state, creating an unfunded federal mandate. * The EIS (Environmental Impact Statement) did not include a systematic inventory of the impact of mining on threatened and endangered species in the watershed of the park, as required by law. *The EIS does not provide information on the economic impact of mining the watershed on state and local economies, especially tourism. Our time to save Fall Creek Falls is drawing to an end. It is likely that the final decision will be made in the late Spring of this year. We hope that you will be a part of this near final push to save the "crown jewel" of Tennessee's Park System. We ask that you take advantage of this public comment period to write, fax, email, or call the Office of Surface Mining to share these points and to express your concern about mining around Fall Creek Falls. Your comments should be addressed to Beverly Brock, Supervisor Technical Group Office of Surface Mining 530 Gay St., S.W., Suite 500 Knoxville, TN 37902 telephone: 423-545-4103 ext. 146 email: [EMAIL PROTECTED] All comments should be state that they are regarding: 522 SMCRA Evaluation OSM-PE-13 and Environmental Impact Statement OSM-EIS-32 Thank you for your support to save Fall Creek Falls. PEACE, Amy S. Mondloch SOCM organizer Don't Let Fall Creek Falls Down +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 4. FWD: Campaign Finance Disaster Date: Mon, 8 Feb 1999 00:07:49 -0500 Originator: [EMAIL PROTECTED] From: Gary Ruskin <[EMAIL PROTECTED]> Congressional Reform Briefings February 8, 1999 To subscribe to Congressional Reform Briefings send the message: subscribe CONG-REFORM your name to [EMAIL PROTECTED] -- Campaign finance disaster: a new IRS memorandum may allow candidates for elective office to raise tax-deductible contributions for campaign-related purposes. The Internal Revenue Service (IRS) memorandum, issued in a case regarding the Progress & Freedom Foundation (PFF, affiliated with ex-House Speaker Newt Gingrich), looks like it may open a huge new loophole in campaign finance law, which would permit candidates for elective office to raise tax-deductible funds for campaign-related purposes. The political implications of this memorandum may be enormous. The IRS memorandum and new campaign finance loophole will likely provide greater influence to corporate and wealthy elites, who could afford to make large tax-deductible contributions to candidates, while further damaging the political influence of the vast majority of Americans who are less wealthy. Professor Fran Hill, a University of Miami tax expert, told Roll Call that following the new IRS memorandum, "Every candidate for public office ought to immediately incorporate a 501(c)3 charitable organization into his or her campaign finance structure. And they should do that sooner rather than later. And they should run all of their research activities and all of their dissemination of the ideas through the (c)3. I think they should now push the law. I mean I see no reason now why the (c)3 couldn't distribute a videotape of their candidate just giving a speech, full of ideas." The IRS's peculiar investigative lassitude and subsequent ruling in the PFF case raises questions about whether the IRS was intimidated in its audit of a 501(c)(3) organization affiliated with then-Speaker Gingrich. Following is an important article from the Monday, February 8 issue of Roll Call <http://www.rollcall.com/newsscoops/3rdscoop.html>. Reprinted with permission. IRS, Ethics Disagree On Access; Gingrich Ruling May Create New Campaign Options By Damon Chappie The House ethics committee blocked the Internal Revenue Service from obtaining crucial information during the tax agency's investigation of the network of charitable groups tied to former House Speaker Newt Gingrich (R-Ga.), the IRS says. The allegation, disputed by the ethics committee, was made in the long-awaited ruling by the IRS that, according to several prominent tax attorneys, vindicated Gingrich on the political use of tax groups and signaled a change in the relationship between politics and charities that will fundamentally alter the way candidates raise money. One major change will be that tax attorneys may now advise candidates that they can add a 501(c)3 charity to their campaign finance structure, allowing their political efforts to make use of unrestricted, tax-deductible donations -- an act that was nearly unthinkable just a few years ago. The dispute over access to the information collected by the ethics committee during its yearlong probe of Gingrich's teaching of a televised course on American culture erupted after the IRS, in unusually strong terms, said that it was repeatedly denied access to sworn testimony that may have changed the verdict on what it described as "a close case." The transfer of "all relevant documents" from the ethics committee to the IRS was a key element of the 1997 plea agreement between Gingrich and the House and was settled on as a compromise to head off a referral to the Justice Department. The IRS identified key testimony from a longtime associate of Gingrich that it said was critical to a judgment on whether the tax-exempt group, the Progress and Freedom Foundation, was set up for political purposes. The IRS said in its ruling: "It is precisely this information to which we have been denied access by the Ethics Committee. It is possible that if the Ethics Committee had rendered full cooperation with our examination, the transcripts might have affected our conclusion." Under the agreement approved by the House, the outside counsel hired by the ethics committee to investigate Gingrich, James Cole, was designated to act as a liaison between the committee and the IRS for the transfer of documents. Cole, a former top Justice Department prosecutor, said in an interview that he was "never consulted" about the IRS requests for the transcripts. Cole said his involvement with the case ended after an initial period of identifying and labeling boxes of documents for the IRS. Those documents were provided to the tax auditors. But in the fall of 1997, the IRS sent a letter asking for the transcripts of testimony of witnesses, including that of Albert "Steve" Hanser, Gingrich's longtime friend and advisor who had been a director of the Progress and Freedom Foundation. Cole said he was never informed of that request or of a separate IRS request for the same testimony that came several months later. "I was never consulted. This was handled by the House ethics committee." Two sources familiar with the communications between the IRS and the ethics committee identified Ted Van Der Meid, the committee's former chief counsel, as the point man who handled the communications with the IRS. "It was Van Der Meid, not Cole," said one of the sources, who added that "there seemed to be friction between Van Der Meid and the IRS agents handling the case." Van Der Meid, who has since taken a new job as counsel to Speaker Dennis Hastert (R-Ill.), refused to discuss the matter. "I don't think that's quite accurate but I don't think I can comment on it because I am no longer there. You have to careful in figuring out what they were asking for because they are two separate things. I don't want to talk to you about it." Rep. Howard Berman (D-Calif.), the ranking member of the ethics panel in 1997, said he agreed with the decision not to provide the requested transcripts because of a long-standing ethics committee policy against turning over transcripts of witness statements to federal agencies. He said that he would have been willing to assist the IRS if it had told the ethics committee exactly why it wanted the transcripts. But despite two requests for additional information, Berman said the committee heard nothing from the agency until its ruling was made public last week. "It was the intent of the committee to turn over all relevant documents to the IRS. Transcripts were a distinction. ... They would have access to the transcripts if they made a case that they needed to have them. .. All the IRS did was, it sounds like to me, is decide not to pursue an investigation and then try to use the committee as a scapegoat." In interviews, the two Democrats who served on the ethics investigative panel said they considered transcripts to be part of the material that should have been turned over to the IRS. However, one of the lawmakers, Rep. Ben Cardin (D-Md.), modified his recollection after a conversation with Berman late Thursday. In an interview earlier in the day, Cardin told Roll Call, "I know that the committee felt very strongly that the IRS should be given access to all documents, all testimony that they needed." In a later interview, Cardin said he agreed with Berman that there was a distinction between documents versus transcripts. "And it is absolutely clear in my own interpretation that if there was a carte blanche request for all transcripts that it is not what the committee envisioned. The IRS would say what they needed and why they needed it. And the committee would go to Mr. Cole and he would make the transcripts available to the IRS." But Cole maintained that he was never consulted again after the initial round of document transfers and Berman said he could not address why Cole was not involved in the requests for transcripts. Rep. Nancy Pelosi (Calif.), the other Democrat with Cardin on the original panel, demanded an explanation for the noncooperation with the IRS and Cole "I find it very alarming. I think that the issue of the ethics committee not making the transcript available to the IRS, when that was the intention of Congress, deserves some real attention." She added that given the significance of the ruling and the repeated assertions by the IRS that it was a close call, the committee should immediately release the transcripts. "I think the ethics committee owes us some answers about that lack of cooperation." In addition, sources told Roll Call that other individuals, including a tax attorney hired by Gingrich in the last stages of the case, were given access to confidential testimony of ethics committee witnesses. William Lehrfeld, who was asked to write an opinion letter that was submitted to the committee during its deliberations, confirmed that he was given access to transcripts of testimony and that he signed a confidentiality pledge about the contents of the transcripts. But tax experts agreed that nothing prevented the IRS from using its powers to find the same information and they noted the extraordinary nature of an IRS ruling based on admitted missing information. Fran Hill, the University of Miami tax law professor who has written extensively on politics and charities, said, "The striking thing about this ruling is the curious lack of curiosity by the IRS. They say that the House ethics committee didn't give them the documents. The response to that is you're the IRS. You don't need their finding of fact. "Ordinary taxpayers caught in an IRS audit would be forced to provide all types of information and would be subject to subpoena," she said. "But here, all of a sudden, the IRS cannot find facts when it is the Speaker of the House of Representatives." The IRS, citing tax confidentiality rules, declined to comment on the ruling. Jeffrey Eisenach, director of the Progress and Freedom Foundation, which was the subject of the audit, said the IRS came back "many, many" times for additional documents. "In order to believe that the information the IRS says it doesn't have is important is to believe that Jim Cole left the smoking gun in the filing cabinet. And forgot to put it in the report. And if you think that, you think less of him than I do." Eisenach praised the IRS ruling as a vindication. "I am pretty much resigned to the fact that I am going to be one of these poor souls wandering down the streets of Washington begging for my reputation back." But a number of tax attorneys who reviewed the IRS' 74-page ruling said they were "amazed" at the IRS reversal on the prohibition of political activities with charities. "It's inexplicable, but then again, it's the IRS," said Hill, who said the ruling overturns decades of previous rulings. "Every candidate for public office ought to immediately incorporate a 501(c)3 charitable organization into his or her campaign finance structure. And they should do that sooner rather than later. And they should run all of their research activities and all of their dissemination of the ideas through the (c)3. I think they should now push the law. I mean I see no reason now why the (c)3 couldn't distribute a videotape of their candidate just giving a speech, full of ideas." Greg Colvin, a San Francisco attorney who specializes in advising nonprofits, said he agreed that charitable groups with tax deductible donations could now be incorporated into political activities. "It is a truly amazing decision." Pelosi shared that assessment. "The ruling means that my colleagues and I can set up a (c)3 charitable organization, the easiest way out there to raise money. That's why the Republicans were setting them up. It's an easy way to raise money. Now you would be a fool not to do it." -------------------------------------------------- Following is a letter from the Congressional Accountability Project to House Committee on Standards of Official Conduct Chairman Lamar Smith and Ranking Member Howard Berman: February 4, 1999 Honorable Lamar Smith, Chairman Honorable Howard Berman, Ranking Member House Committee on Standards of Official Conduct HT-2, The Capitol U. S. House of Representatives Washington, DC 20515 RE: The Ethics Committee's Failure to Comply with IRS Requests for Documents Produced in the Matter of Representative Newt Gingrich Dear Representatives Smith and Berman: As a part of the committee report In The Matter of Representative Newt Gingrich, the House Committee on Standards of Official Conduct ("Ethics Committee") agreed to cooperate with Internal Revenue Service (IRS) requests for documents relating to certain 501(c)(3) organizations affiliated with then-Speaker Gingrich. According to the committee report, In light of the possibility that documents which were produced to the Subcommittee during the Preliminary Inquiry might be useful to the IRS as part of its reported ongoing investigations of various 501(c)(3) organizations, the Subcommittee decided to recommend that the full Committee make available to the IRS all relevant documents produced during the Preliminary Inquiry. It is the Committee's recommendation that the House Committee on Standards of Official Conduct in the 105th Congress establish a liaison with the IRS to fulfill its recommendation and that this liaison be established in consultation with Mr. [Special Counsel James] Cole. The full House of Representatives adopted this Ethics Committee report on January 21, 1997, in House Resolution 31. However, according to the IRS, in a Technical Advice Memorandum on the Progress & Freedom Foundation (PFF), the Ethics Committee failed to cooperate with IRS requests for documents produced during the Preliminary Inquiry. The IRS Memorandum states: Despite requests to the Ethics Committee, the Service has not been allowed access to the transcripts by the Ethics Committee. Therefore, we are unable to evaluate the context in which these statements were made. We base our conclusions in this memorandum upon the facts available to us....our factual record does not include transcripts of witness statements before the Ethics Committee....part of our analysis of whether PFF had a substantial nonexempt purpose to serve private interests is the determination of the purposes for forming and operating PFF. In determining the purposes of PFF, evidence of the purposes and roles of PFF's officers and directors acting in their official capacities and of Mr. Gingrich acting in his capacity as teacher of the RAC course is relevant. Information was obtained from these persons under oath by the Ethics Committee's Special Counsel. It is precisely this information to which we have been denied access by the Ethics Committee. It is possible that if the Ethics Committee had rendered full cooperation with our examination, the transcripts might have affected our conclusion. * * * * * We do not have unofficial statements by PFF's officers and directors (internal memos, unofficial statements of officers and directors) evidencing a purpose to benefit private interests. We have considered a number of quotes from depositions of key figures reported in the Ethics Committee Report but have not been allowed access to the complete deposition. Only one quote raises a question of improper purpose, and we were unable to examine the quote in context without the complete deposition. These statements are troubling, given the IRS's judgment that the PFF matter was a "close case" whose outcome may have been affected by the Ethics Committee's failure to cooperate with document requests. The appearance is that the Ethics Committee has failed to cooperate with the IRS in order to benefit then-Speaker Gingrich and the Progress & Freedom Foundation. We have four questions for the Ethics Committee: 1. Why did the Ethics Committee fail to fulfill its responsibility, ratified by the full House of Representatives, to provide relevant documents to the IRS? 2. By what authority did the Ethics Committee or its staff refuse the IRS document requests? 3. Will the Ethics Committee release all correspondence with the IRS regarding the IRS document requests relating to the Gingrich case? 4. Will the Ethics Committee release Special Counsel James Cole to provide a full and detailed description of why the Ethics Committee has not met its responsibilities to provide relevant documents to the IRS? The Ethics Committee's failure to cooperate with IRS requests for documents seems to fit a familiar pattern. During its investigation of then-Speaker Gingrich, the Ethics Committee built a remarkable record of generosity and leniency toward Gingrich including, among other things, investigative failures and torpor, violating Ethics Committee precedents, failure to authorize outside counsel to investigate ethics complaints, the narrow mandate for Special Counsel James Cole's investigation, failure to initiate investigations based on credible and well-documented news reports, the unwillingness of the Ethics Committee to receive and evaluate documents related to the Gingrich case, failure to thoroughly investigate the activities of Joe Gaylord within the Speaker's office, failure to interview key witnesses and subpoena documents related to telecommunications entrepreneur Donald Jones's activities within the Speaker's offices, and failure to punish Gingrich for repeated violations of House Rule 45 and other standards of Congressional conduct. This record is a direct affront to citizens who want honest government. The Ethics Committee owes an explanation to the full House of Representatives and to the public as to why it did not comply with IRS requests for documents produced in the Matter of Representative Newt Gingrich. Sincerely, Gary Ruskin Director ---------------------------- The IRS memorandum regarding the Progress & Freedom Foundation is available at <http://www.pff.org/IRSmemo.htm>. The Congressional Accountability Project is a Congressional watchdog group affiliated with Ralph Nader. For more information about the Congressional Accountability Project, see http://www.essential.org/orgs/CAP/CAP.html or send e-mail to [EMAIL PROTECTED] To subscribe to Congressional Reform Briefings send the message: subscribe CONG-REFORM your name to [EMAIL PROTECTED] PLEASE DISTRIBUTE WIDELY -- --------------------------------------------------------------- Gary Ruskin | Congressional Accountability Project 1611 Connecticut Ave. NW, Suite #3A | Washington, DC 20009 Phone: (202) 296-2787 | Fax (202) 833-2406 http://www.essential.org/orgs/CAP/CAP.html | mailto:[EMAIL PROTECTED] | -------------------------------------------------------------- **************************************************************************** EarthWINS Daily is a publication of Mining-exchange. DISCLAIMER ** NOTICE: In accordance with Title 17 U.S.C. 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EarthWINS Daily is posted to the EcoNet env.mining conference. EcoNet Resources for Mining Activists may be found at: http://www.igc.apc.org/mining/links.html Mining-exchange comes to you courtesy of Institute for Global Communications (IGC), the home of Econet, PeaceNet, ConflictNet. For more information about IGC, send email to <[EMAIL PROTECTED]> ************************************************* "People have the power to redeem the work of fools." Patti Smith For Mother Earth. . . For Humanity. . . Alice I. McCombs P.O. Box 573 Shawano, WI 54166 Ph: 715-524-5998 FAX: 715-524-9958 [EMAIL PROTECTED] www.earthwins.com When EarthWINS, Everybody Wins! Peace + &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&