Lawrence Kogan

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

Most Recent Articles by Lawrence Kogan:

Klamath Dam Removal Agenda

Mar 22, 2019 — Lawrence Kogan

Klamath Dam Removal AgendaThe nonprofit Institute for Trade, Standards and Sustainable Development (ITSSD) has once again waded into the local and D.C. swamps surrounding the ongoing Klamath Basin dam removal agenda of legacy bureaucrats and self-interested politicians.

Last week, ITSSD notified the U.S. Court of Appeals for the District of Columbia of its intent to participate as an Amicus Curiae in the action filed in that court this past November by the Siskiyou County Water Users Association (SCWUA). The SCWUA had filed a Petition for Issuance of a Writ of Mandamus endeavoring to persuade the Court to compel the Federal Energy Regulatory Commission (FERC) to make a determination on SCWUA’s earlier administrative motion to dismiss the FERC dam license transfer, decommissioning and removal proceedings initiated by PacifiCorp.  FERC, of course, filed its opposition to SCWUA’s motion claiming it wasn’t merited under the facts presented.

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

Jun 28, 2017 — Lawrence Kogan

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.

EPA Disregard for “WOTUS” Prior Converted Cropland Exclusion Kills Ag Jobs and Contributes to Nation

Apr 29, 2017 — Lawrence Kogan

The Federal government has incrementally extended its control over agricultural lands during the past forty years,1 by expanding the definition of “waters of the US” (WOTUS) under the Clean Water Act (CWA) and asserting broad legal jurisdiction over WOTUS-adjacent “wetlands.” Such activities have triggered Congressional investigations2 and significant public litigation. They also have facilitated the CWA’s growth into a “regulatory hydra” and caused a “reversal of terms [in our unique relationship with government] that is worthy of Alice in Wonderland.”3

During this past February, President Trump issued Executive Order 137784 in an initial effort to curtail this government juggernaut which disregards constitutionally protected private property rights in furtherance of wetlands protection. The EO directs the heads of the U.S. Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“the Corps”) to review for substantial revision or rescission their jointly issued 2015 CWA regulation which expands the “WOTUS” rule and narrows its “normal farming activities” exemption.5 Presumably, EPA’s review of this regulation will be undertaken while the October 9, 2015 federal court-issued stay of its implementation remains in place.6

The Obama administration regulation inter alia treats all “wetlands” adjacent to WOTUS as “jurisdictional waters” for purposes of enforcing CWA’s controversial Section 404 (dredge and fill permitting requirements). It does so by dispensing with the traditional case-by-case evaluations used to determine if jurisdiction applies to specific delineated wetlands.7 Although this regulation also states that the longstanding “prior converted cropland” (“PCC”) exclusion from WOTUS jurisdiction will be upheld,8 this result is not certain, and can be assured only through active ongoing White House oversight.

A UN and tribal takeover?

Sep 17, 2016 — Lawrence Kogan

A massive 792-page Senate Energy Committee bill threatens to authorize federal bureaucrats to cede extensive control over western state water and property rights, energy development and forest management to Native American tribes, local UN sustainability councils and radical environmentalist groups. Certain provisions could undermine the foundations of our nation from within our nation.

S.2012, the North American Energy Security and Infrastructure Act of 2016, incorporates some 393 amendments. Incredibly, it is being driven forward by U.S. Senator Lisa Murkowski (R-AK) and other members of Congress behind closed doors. Probably very few have read the bill in its entirety. Virtually none understand its likely impacts on western and other rural land, water and property rights, potentially throughout America, or on the families and communities whose lives will be upended.

This secretive approach—with no opportunities for meaningful public examination or comment, even by those who will be most affected—is almost unprecedented. It could well become another example of “we have to pass it to find out what’s in it.” But numerous people will have to live with the consequences, while the authors and implementers walk away exempted, unscathed and unaccountable.

White House as Originator and Promoter of Klamath Basin Agreements

Sep 8, 2016 — Lawrence Kogan

Klamath Basin groups claiming to represent the majority of Klamath Basin residents, such as the Klamath Water Users Association (“KWUA”)1 and the Family Farm Alliance (“FFA”),2 have long perpetuated the lie that the Klamath Basin Agreements will benefit ALL Basin residents.  The first two of these agreements had been initially proposed during the Bush administration3 in an effort assist Klamath irrigators resolve longstanding science and water delivery disputes with environmentalists and tribal communities.  Now, these and several additional new agreements are being non-transparently driven by the Obama administration,4 which secures non-disclosure agreements from “secret meetings”5 participants to ensure they remain silent about the preferences the agreements contain in favor of Native American Tribes and the environmental community.6 The evidence clearly shows that these groups will stop at nothing to keep their false and deceptive narrative alive.

Montanans Must Seek Independence from CSKT Water Compact

Jul 2, 2015 — Lawrence Kogan

July 4th celebrations are a time for recalling the birth and exceptionalism of our great nation. The United States of America has remained a unique global experiment in which Enlightenment-era principles (political, social, economic, scientific, philosophical and legal) have been deployed to successfully promote and defend our natural rights-based individualism and freedoms, especially private property. This 4th of July is particularly noteworthy, because it is both the 239th year since the signing of the Declaration of Independence and the 800th year since the signing of the English Magna Carta.

The Magna Carta strongly influenced the drafting of the Declaration of Independence and the U.S. Constitution’s Bill of Rights. Its significance to Americans lies primarily in its guarantee to “We the People” of certain rights and its binding of an oppressive sovereign (government at all levels) to the rule of law. These documents together memorialize the Founding Fathers’ distrust of concentrated political power and confidence that representative government, the idea of a supreme law and independent judicial review can serve as indispensable counterweights to tyranny.

Science for the Picking

Jul 26, 2014 — Lawrence Kogan

In a May commencement speech delivered at the University of California, Irvine, President Obama mocked members of the U.S. Congress who ‘duck the question,’ as he put it, “of whether climate change is real by saying that they are not scientists”. Since then, articles appearing in a number of “neutral” media outlets, including the Washington Post, New York Times, Los Angeles Times, Miami Herald, San Francisco Chronicle, Cape Cod Times, Huffington Post, etc., have endorsed this learned approach of addressing the issue of climate change. Clearly, they display climate change believers’ chosen tactic of ridiculing or dismissing as climate change deniers anyone, including scientists, analysts and politicians, who dares to raise questions about the views of many within the contemporary climate science community.