Monday, February 12, 2018

Should the AZ Attorney General investigate & pursue litigation so the state can take control of public lands?


Ask your legislators to oppose HB2210 (public lands; ownership; control; litigation) a bill that directs the state attorney general to investigate and pursue litigation in order to have the state take control of federal public lands such as national forests, national wildlife refuges, and more.

HB2210 public lands; ownership; control; litigation (Finchem, J. Allen, Barton, et al.) directs the state attorney general to investigate and report his findings on a number of theories related to the state takeover of public lands, including equal sovereignty and equal footing, among others. These claims have been rejected repeatedly by governors, judges, and by the people. After consulting with the president of the senate and the speaker of the house, the attorney general is then supposed to consider taking action to “gain ownership or control of the public lands within this state.” These lands -- national parks, national forests, national wildlife refuges, Bureau of Land Management lands -- belong to the American people, not the state. This is a waste of resources and also contrary to what the people of our state have expressed time and again.

To ask your legislators to oppose HB2210 sign petition here.


A little history...

Over the years, the Arizona Legislature has sought more control of our federal public lands, attempting to privatize and eliminate or weaken protections for the land, water, and wildlife. In 2012, several bills were introduced that took these efforts a step further. SB1332 passed the Legislature in 2012, but was vetoed by Governor Brewer. 

Unfortunately, legislative leaders did not stop there and passed another measure, HCR2004, which was referred to the ballot and became Proposition 120. Proposition 120 would have amended the Arizona Constitution to assert state sovereignty and to establish that the state had exclusive authority and jurisdiction over air, water, public lands, minerals, wildlife, and other natural resources within Arizona. It was an attempt to gain control of federal public lands and to undermine important federal environmental laws such as the Clean Air Act and Clean Water Act.

Proposition 120 was defeated by more than a two-to-one margin (68% voted no and 32% voted yes) and failed in every county in Arizona!

In 2015, the attacks continued, with GOP lawmakers stating they wanted to use federal public lands as a new stream of revenue for the State. Governor Doug Ducey vetoed two bills that sought to turn public lands over to the State.

The state is not situated nor does it have a budget to manage these lands, so they would likely be sold to the highest bidder for financial gain. The highest bidders would in many instances be the extractive industries for mining and energy development, developers who would continue urban sprawl, and the wealthy who could afford large tracts of land. The priority must be to use public lands to maximize carbon storage, biodiversity, and ecological function – and to support one of our strongest industries, tourism.

In 2017, both Coconino and Pima Counties, along with a coalition of 27 hunting and angling groups from Arizona, passed resolutions excoriating the public land takeover idea and defending the lifeblood of the $10.6 billion outdoor recreation economy that brings 103,000 jobs and $3.3 billion in wages and salaries to the state.

Arizona is fortunate to have public lands that provide wildlife habitat, watershed protection, and a multitude of recreational opportunities. Please ask your legislators to recognize the importance of these lands and join the voters and the last two governors in opposing bills such as HB2210.

- The Sierra Club

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