2 December 2011
Carey files Third Amended Complaint on the RS 2477 issue. See Downloads Page for a PDF copy of the filing.
18 March 2011
This evening we received this short email from Carey with the attached document sent by the State of Alaska to the Department of Interior. Carey and his support efforts seem to have convinced the State of Alaska into taking action to protect Alaskan public rights to travel on public accesses within the State. Click on the link below to read the PDF file.
"....Attached is the copy of the notice we spoke about earlier. There appears that we are having some effect on the State."
26 Feb 2011
“… the Governor’s support and leadership in asserting State’s Rights is not what I had hoped for and in my opinion very deficient. My reason for coming to Juneau was to get the State’s support to intervene in my case and get a line item appropriation for litigation purposes only of RS 2477s, neither have happened as of yet. After 5 days of visiting Finance Committee Representatives, Senators, their staff and various meetings with the Governor’s staff, assistant Attorney General’s lawyers and DNR Deputy Commissioner and his staff ; it’s my opinion metaphorically speaking that the State’s Administration is stuck in neutral regarding asserting the State’s Rights against the Federal Government. There is a lot of revving the rhetoric engine but no substantive engagement of the transmission.
I also must tell you that there seems to be broad support for the State’s Rights Issue (RS 2477 rights-of-way) from the Representatives and Senators that I spoke with; but they seem to be waiting for the Administration’s leadership.
The Governor did offer an amendment to the FY12 Budget for access assertion litigation but it is only a token amount, ($599,000.00) considering the fact that there are over 600 rights-of-way in the Alaska Statute and the funds are not completely for litigation purposes only!
Attached [note from webmaster: not included on webpage; it was on original email] is a page from the US Government’s Memorandum seeking in part to dismiss my complaint because the State is not a party to the Complaint; I have to respond to this Memorandum by the 2nd of March with my Response Memorandum. Last Friday before coming to Juneau I filed a Rule 19 Motion and Memorandum to make the State an Involuntary Plaintiff. I had hoped by meeting with members of the Governor’s staff and presenting the historical evidence that I have amassed regarding the RS 2477 that I am trying to use, that they would see the benefit of joining the Lawsuit…”
Carey wishes that the Governor “… take a more aggressive position in asserting the State’s Rights! I’ve been advised that he is the only one who can request the Attorney General to intervene in this case. The opportunity for him to clearly defend the Rights of Alaskans is about to pass by.”
Perhaps a barrage of emails and phone calls to the Governor to encourage him to take a more active role in defending States Rights would be helpful.