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CFP readership should note that one quick way to slow down these initiatives is to insist that their Congressional representatives cut-off federal funding to the Great Lakes States to implement these agreements, laws, regulations and initiative

The Europeanization of the Great Lakes States' Wetlands Laws & Regulations



For more than 15 years, in addition to practicing law, I have been engaged in Washington, D.C. and around the nation, in public international, federal and state policy practice. My public policy practice has focused, in part, on how the European Union, formed upon the execution of the 1992 Maastrict Treaty by the countries of Europe, has, at the insistence of European regional industries, exported around the world Europe's relatively higher cost of sustainable development/Agenda 21-modeled environmental regulation. While European governments' stated purpose for exporting such rules was to "save the planet" from the capitalist system which allegedly "bore humanity's greed and avarice", it's other self-professed purpose was to serve as "good" disguised trade protectionism capable of "leveling the global economic playing field" for Europe's economically besieged industries.
A 15-year dossier of evidence has been created to substantiate Europe's environmental law and policymaking activities at the global and regional levels, which activities and legal nostrums have since caught on in the United States and in other countries around the world. This evidence has been explained and archived on the website of the free market-oriented nonprofit Institute for Trade, Standards and Sustainable Development (ITSSD). The liberal progressive establishment, including government bureaucrats and policymakers, were the first to see the "opportunities" that such model of environmental regulation provided them for controlling the individual freedoms, primarily exclusive private property rights, which all Americans have long enjoyed as natural rights recognized in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. However, it soon became apparent that government bureaucrats and policymakers who "positioned" themselves as, or aligned themselves with, conservatives and libertarians, namely, Republicans-in-Name-Only ("RINOs"), operating at the federal, state and local levels, also found this model of environmental regulation attractive, for the same reason. Very recently, The Kogan Law Group, P.C. prepared an interactive internet-accessible outline on behalf of the Clare County, Michigan Farm Bureau, which was distributed at its June 26, 2017 Legislative Briefing. The presentation was entitled, The Europeanization of the Great Lakes States' Wetlands Laws & Regulations (c).

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The presentation outlines how Europe's socialist model of environmental regulation, with the stewardship of the liberal progressive community and Federal and State RINO-led Legislators, Executives (Presidents and Governors), Executive Agencies, and Attorneys General, has fully enmeshed itself within Great Lakes State and Regional law, at the expense of American farmers,' landowners' and small business' constitutionally protected private property rights. In particular, the presentation identifies international (U.S.-Canada agreements referencing United Nations treaties and declarations), USEPA and Army Corps of Engineers regulations and guidance documents, and Great Lakes State laws and regulations enacted in parallel with one another and two Canadian Provinces, along with Regional and State-based initiatives, which incorporate into U.S. federal and state law Europe's "'standard-of-proof diminishing,' 'burden of proof-reversing,' 'guilty-until-proven-innocent,' 'I fear, therefore I shall ban,' 'hazard-not-risk-based,' Roman civil law-not-common law,extra-WTO Precautionary Principle." Europe's Precautionary Principle, as implemented in the international agreements, Great Lakes State wetlands preservation and restoration laws and regulations, and regional initiatives, diminishes the scope of private property rights in favor of the putative "public interest" of preserving wetlands tied to "Waters of the U.S." (U.S. watersheds) and international waters for future generations, no matter the costs, consistent with the socialist doctrine of "strong" sustainable development. The Great Lakes States include the States of Minnesota, Wisconsin, Illinois, Indiana, Michigan Ohio and New York, as well as, the Commonwealth of Pennsylvania. *The CFP readership should note that one quick way to slow down these initiatives is to insist that their Congressional representatives cut-off federal funding to the Great Lakes States to implement these agreements, laws, regulations and initiatives. The CFP readership also should insist that their State representatives extricate the Precautionary Principle from their State laws and regulations through the formal legislative and regulatory amendment processes, even if it means creating a furor with Canada over implementation of the international Great Lakes Agreements.


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Lawrence Kogan -- Bio and Archives

Lawrence Kogan recently served as special counsel to the Klamath Irrigation District where he was tasked, in part, with generally addressing Klamath Basin Agreement matters. Mr. Kogan also recently served as special counsel to Siskiyou County addressing Amended KHSA matters.  He is managing principal of the Kogan Law Group, P.C. of New York, NY


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