how government units at the local, county, state and federal level can violate your rights, and have many ways to be protected from legally being held accountable. We focus on the State of Montana.
Deception at the Bitterroot Public Library Hamilton Montana
psychologytoday.com
In the last two editions of the Bitterroot Star, the Bitterroot Public library is claiming that they have funding "gaps" for their FALL FUNDING DRIVE. The only gap is the public misinformation about the Bitterroot Public Library budget.
Let me help you with that one.
In the 2009-2010 budget the Bitterroot Public Library had $500,000.00 US in the bank of your tax money. Apparently, this is not enough for a small one room library to operate with their $500,000 combined annual budget from Ravalli County and the magical unincorporated City of Hamilton. When the Bitterroot Public Library spends your tax dollars from the unincorporated City of Hamilton, MT and Ravalli County MT taxpayers purchases of books only amounts to 1 in 9 budget dollars.
I LOVE MY PUBLIC LIBRARY
The North Valley Library in Stevensville, MT has plans for expansion, has far superior community programs, staff, and operates on a fraction of the Bitterroot Public Library tax revenue (see link below for the North Valley Library). Moreover, The North Valley Library ACCEPTED the US President letter denied by the Bitterroot Public Library (link is below). Here is a PDF view of the remodel/expansion plans in Stevensville MT at the North Valley Library: (wait for upload) http://commaq.com/cq/wp-content/uploads/2011/12/NVPL-Public-Info-Boards-041111.pdf
Here is a vision, a snippet of life in Hamilton, MT site of the Bitterroot Public Library: Hamilton Montana Police more than willing to transfer expertise to the Bitterroot Public Library when asked.
No law matters when it comes to the Bitterroot Public Library
Pulled over for "Being in Wrong Lane"
[warning, gunfire, death of American by Hamilton Police]
The City of Hamilton is not lawfully incorporated, not historically either.
The Davis family has cause of action for WRONGFUL DEATH.
NOTE: an unincorporated city cannot have police, employees or a gov't
Now if anyone brings this up, beware of the 15 police officers who are far from imaginary.
YOU ARE 8 TIMES MORE LIKELY TO DIE FROM LAW ENFORCEMENT
THAN BY TERRORIST ATTACK.
Hamilton Montana is a community with many older seniors, so why shouldn't the Bitterroot Public Library seek those estates for use of their budget? How would the public know that the Bitterroot Public Library actually have a giant surplus? It is called deception at best, and fraud is not too far off.
In the 2009-2010 budget, 63% of the funds went to pay themselves (Administrative Costs). Lets compare the Bitterroot Public Library with the North Valley Library, a bigger, more community minded outreach, AND had plans to expand, with ACTUAL GAPS in their budget.
The North Valley Library is a great organization. Their volunteers laugh, are fun to talk to, and are helpful. Please give to the Stevensville Library if you have money to give. They operate a much better library with MUCH LESS tax revenue (or deception). http://northvalleylibrary.org/
It is proof that the Bitterroot Public Library feels money from the public is theirs to spend, at their desire, and ask for more in Hamilton Montana. The Bitterroot Public library has another secret: Hamilton Montana taxpayers have footed a court bill for an estimated $250,000 for removing privileges, charging crime for sitting on public property as the former director admitted no requests were made to leave the library (under oath) for any behavior issue in violation of their policies, or Montana Law [MCA 22-1-311] which states a "willful violation of the rules" is needed prior to removal from the library. Many people in Hamilton were removed outside of this policy.
The Bitterroot Public Library commons
It is estimated that the Bitterroot Public Library has removed at least 10 patrons rights to enter the library, and the details are not known beyond that.
What is known is that the Bitteroot Public Library wants more of your gifts, be it your house or your hard earned money when they mis-use public funds as they violate Montana law, and patrons rights.
An upshot of the "Ban" from the Bitterroot Public Library has been the "Library Thing" website with a revolving readership of 3Million readers about the Bitterroot Public Library. The other upshot is the letter to the first African-American US President asking for CIVIL RIGHTS within the FIRST paragraph; the Montana US President letter has had more than 10 million confirmed views.
The Bitterroot Public Library pays $1 per year for their space to the City of Hamilton. They want more from you, although you pay for their mistakes, as improper use of public funds is the #1 criminal priority of the FBI although no one is seemingly breaking a sweat at the US Dept. of Justice. UPDATE: in 2014 the FBI are investigating Ravalli Co. Montana.
prosecutorcorruption.com
Former Prosecutor Geoff Mahar
(photo from bankrupt Lee Enterprises)
While the public, and The Bitterroot Star's Michael Howell go ballistic over spending $250,000 of public money for Geoff Mahar's retirement at the Ravalli County Attorney Office, no one is making a peep over the misuse of Hamilton Taxpayer funds to the same sum to improperly benefit the Bitterroot Public Library in Hamilton Montana.
About 6 months ago, this blog network encouraged the boycott of the Bitterroot Public Library and a link to the reasons should make it very clear that something is very wrong in Hamilton Montana.
It just seems intuitive to give to a library. The Bitterroot Public Library is not an ordinary library. It has lost a director, and the state director for protecting the Bitterroot Public Library in Hamilton Montana. A library is for the public, to discuss ideas, obtain reading material, and congregate outside to enjoy peace. Peace is not what is at hand at 306 State Street in Hamilton Montana, site of the Bitterroot Public Library.
Please guard your finances from the Bitterroot Public Library. They have a right to ask you for money, but you have a right to know how public funding is being spent, or not being spent.
NOTE: The Bitterroot Public Library, other than losing 90% of its public funding cites Montana Law Title 22 section 311 in its policy, yet cant have a tiered approach to TAKING AWAY LIBRARY RIGHTS. A person must be willfully violating the rules, and must understand those rules. So the Bitterroot Public Library cannot just take away rights for a day, a week or a month. The collective board of the library must VOTE to remove priviliges. I bet they regret taking my rights, without telling me to leave or indicating what I did wrong.
NaturalNews can now report that 65-year-old senior citizen James Stewart, a raw milk farmer with no criminal history, was nearly tortured to death in the LA County jail this past week.
davidicke.com
James Stewart in his natural food store in California, USA?
NaturalNews Insider Alert ( www.NaturalNews.com ) email newsletter (Unsubscribe instructions at bottom) Dear NaturalNews readers, This is a NaturalNews Red Alert - please forward, share everywhere, this story will shock you. Original article at: http://www.naturalnews.com/035208_James_Stewart_torture_county_jail.html Full text: NaturalNews can now report that 65-year-old senior citizen James Stewart, a raw milk farmer with no criminal history, was nearly tortured to death in the LA County jail this past week. He survived a "week of torturous Hell" at the hands of LA County jail keepers who subjected him to starvation, sleep deprivation, hypothermia, loss of blood circulation to extremities, verbal intimidation, involuntary medical testing and even subjected him to over 30 hours of raw biological sewage filth containing dangerous pathogens.
This is from a county that has targeted and terrorized James Stewart for the supposed crime of selling fresh milk containing "dangerous pathogens." That's right - the only "crime" James has ever committed is being the milk man and distributing milk that is openly and honestly kept fresh and raw instead of pasteurized. So as part of his punishment of advocating raw cow's milk, he was tortured with raw human sewage at the LA County jail.
This true story of jaw-dropping dehumanization and torture -- conducted in total violation of state law as well as the Geneva Convention for prisoners of war -- is told in an exclusive audio interview recorded today between Mike Adams and James Stewart.
That audio recording, which has been released by Adams into the public domain for the purpose of widespread copying and sharing, is available for download at the following links:
Watch the full interview on YouTube at:www.youtube.com/watch?v=mkDrrKhPB7M or if YouTube censors it (as they now do almost any video critical of government), see it on the uncensored video site TV.NaturalNews.com at:http://tv.naturalnews.com/v.asp?v=B0E3220D2A290E5966F3683E6377778B Adams openly encourages members of the public to post these files on YouTube, Vimeo, bittorrent sites and anywhere else where they may reach the public. "I thought I was gonna die in there..."
In this exclusive interview, you can hear James Stewart describe, in his own words, the shocking details of prisoner abuse right here in America. Among the highlights from his interview with Mike Adams: • How James was subjected to severe food deprivation. • How he was interrogated by deputies and accused of being a "sovereign," then branded with a red arm band (Nazi-style) to falsely indicate that he was a danger to the general population. • How James was shackled in long chains wrapped around his waist multiple times, then had his hands cuffed behind his back which was bound to the heavy waist chain to restrict his movement. His handcuffs were so tight he thought his wrists would break. • James was then handcuffed to a cold bench, restricting his movement to just six inches, then left on the bench for 4-5 hours. • James was then forcibly subjected to various medical tests, including forced chest X-rays even while he was handcuffed. • He was placed in a cold cell wearing only a T-shirt and pants, where he soon began to suffer from hypothermia and found himself violently shivering just to stay alive. • How he was made to suffer through total sleep deprivation all night long as other prisoners were screaming and banging on the walls. • His cell was then flooded with raw human sewage, which flowed into his jail cell 2-3 inches deep, covering his shoes and shirt. LA County jail guards then ordered James to clean up all the raw sewage in his cell by handing him a small hand-held squeegee and demanding that he squeegee out all the raw sewage himself (which he reluctantly did). • He was then forced to stay in the putrid raw sewage cell for over 30 hours, fighting off nausea and living in bacteriological filth that threatened his health. • All along, the LA County prison guards gloated over their treatment of prisoners while laughing and joking about their power to subject prisoners to such abuse. This behavior openly mimics that of Gitmo guards who took pictures gloating over their torture and murder of prisoners of war. • During this entire process, James was not allowed a single phone call nor any visit from an attorney. His right to speak to an attorney was repeatedly denied. • At no point was James notified of what he was being charged with. He was never presented with an arrest warrant nor were any charges explained to him. • James was mysteriously "lost" in the system and LA County officials claimed they did not know where he was. This was apparently a deliberate attempt to subject an individual to drawn-out torture without legal representation and make sure no one could locate them to check on their health or arrest status. "Worse than torture... They're actually torturing you mentally and physically to break you down..." • "I thought I was gonna die in there." • "It was worse than torture. They're actually torturing you mentally and physically to break you down." • "I wrote the 'torture' on a piece of toilet paper to try to tell everybody what I had gone through, because I was worried they were going to mentally break me and put me in a psych ward." • "What I experienced in downtown LA was brutality." • "It's trauma. And they create this thing where you're not even sure what's coming next. What has this country come to? I don't sleep well at night right now, and I don't think anyone would if they had been what I've been through." • "I'm shocked that this is America. Because it seems like you're in some third world country, in a gulag, like in the movie Midnight Express, where you're absolutely just tortured. That was the experience I had. Your mind goes, how can this be? This is America?" NaturalNews calls on Amnesty International, ACLU to intervene What we are witnessing here is a gross violation of civil rights and human rights, not to mention fundamental due process. The treatment unleashed upon James was not merely against the law in California, it was also a violation of federal law and a violation of the Geneva Convention and its ban on torturing prisoners of war.
"What happened to Stewart is horrendous," health freedom attorney Jonathan Emord told NaturalNews. He's the author of the new book "Restore the Republic" which lays out a plan to overthrow tyranny and restore a government that works on behalf of the people instead of declaring the People to be the enemy.
The bail amount set for James ($1 million) and the torture to which he was subjected clearly indicate that James Stewart is a political prisoner of the State of California, which has decided to spend millions of dollars in taxpayer money to target and incarcerate a senior citizen farmer. (By comparison, bail for alleged child rapist and sex pimp Jerry Sandusky, former Penn State sports coach, was only set at $100,000 and was unsecured!)
NaturalNews calls upon Amnesty International and the American Civil Liberties Union to intervene in this extraordinary violation of basic human rights. For the record, James Stewart has no criminal record and is a permaculture farmer and fresh food advocate. His "crime" consists entirely of arranging for the distribution of raw milk to customers who actually line up to access this nourishing food (people love it!).
NaturalNews has no financial ties to James Stewart nor Rawesome Foods and has been the leading source of free press information covering this story. The mainstream media so far refuses to cover this story, most likely out of financial loyalty to the conventional (processed) dairy industry which stands to lose tens of millions of dollars if raw milk is allowed to be openly and legally sold. Assistance efforts for James Stewart and Sharon Palmer, the other person arrested in this case, can be emailed to:friendsofhealthyfamilyfarms@gmail.com More details to be revealed on national radio Sunday
Mike Adams will be discussing this issue on live national radio, Sunday at 1pm Eastern time, 10am Pacific, on the Robert Scott Bell Show. Listen in at: www.GCNlive.com
In addition, NaturalNews has forwarded details to producers of the Alex Jones Show with the hope that Alex Jones will want to cover this for his own audience (InfoWars).Information is also being forwarded to the Ron Paul campaign, as Ron Paul has openly spoken out against the absurdity of laws targeting raw milk producers. As Paul is extremely busy running for President, however, he is unlikely to be able to comment on this particular issue. Tips have been forwarded to Matt Drudge for his consideration of the issue. NaturalNews.com continues to be the breaking news source on this story with a voice of liberty and food freedom. Check NaturalNews.com for more details this weekend and all next week. Action items:
• SHARE this story on Twitter, Facebook, LinkedIn and other social networks. You also have permission to download and share the audio files and video files of the interview. Post it on every bittorrent in the known universe... • Contact your local newspaper editors with letters and opinion pieces to express your outrage at this vindictive arrest and torture of a California farmer. • Write the officer of Governor Jerry Brown, who has done absolutely nothing to stop this outrageous abuse of California's by rogue DA operatives in both LA and Ventura counties:http://gov.ca.gov/m_contact.php • Contact the Los Angeles County DA's office at:http://da.co.la.ca.us/feedback.htm • Contact the Ventura County DA's office (which arrested James at his court hearing) at:http://da.countyofventura.org/contact_information.htm • Stay up to date on our Facebook page where we post breaking news:www.Facebook.com/HealthRanger • Follow our Twitter feed at:http://twitter.com/#!/healthranger • Subscribe to our email newsletter to receive breaking news email alerts:http://www.naturalnews.com/readerregistration.html • Share our infographic about raw milk:www.naturalnews.com/Infographic-Raw-Milk.html • Learn more about raw milk at:www.RealMilk.com www.WestonAPrice.org Today's sponsors: Sponsor: 100% Non-Hybrid, Non-GMOGarden Seeds. Invest in the future of your food while you can. Heirloom Organics Seeds Sponsor:Have Pure Water in an Emergency & Healthy Food Storage Now: Berkey Water Filters & Survive2Thrive Organic Food Storage Sponsor: Ready to quit smoking? Theonline course 14andoutreveals how to break the habit without using patches or pills. Today's Feature Stories:
This info about BO's birth cert. came across on email. What struck me were several things:
Barrack Obama came across on the official paper in 1961 as African American as this term was not politically correct until the 1990's.
The country of Kenya was not established until 1963 yet Barrack Obama born 1961 to a man listed as from a county that did not exist.
The name of the Hospital that BO was born in changed in 1978. The current hospital name was listed on the birth cert. for BO although in 1961 is was different than it is today.
Most interesting, and with verification links provided.
This deserves to be put into the light for questioning!
This was sent by a Korean War Vet, author, Degree in History.
New twist on Birth Certificate issue
It was brought to light that back in 1961 people of color were called
'Negroes.'
So how can this 'birth certificate' state he is 'African-American'
when the term wasn't even used back then?? This isn't over! This is
interesting!
Here is a comment from a reader to George Ure at Urban Survival.com :
"As you all know, Donald Trump made a big deal about Obama's birth certificate.
I will tell you right now that I had never given this "birther" issue
any credit. I watched the hype and the crazies come out. I completely
dismissed the entire
ordeal altogether.
In fact, it was not until the White House released the birth
certificate that it gained my attention. I am the studious sort of
guy, and I have plenty of time on my hands. So, I took a close look at
this document.
While I would have thought that this issue would have been closed for
good (and, got the crazies to crawl back into their holes), I found
two extremely strange inconsistencies that merit some attention.
First of all, the birth certificate that the White House released
lists Obama's birth as August 4, 1961. It also lists Barack Hussein
Obama as his father. No big deal, right? At the time of Obama's
birth, it also shows that his father is aged 25 years old, and that
Obama's father was born in " Kenya , East Africa ".
This wouldn't seem like anything of concern, except the fact that
Kenya did not even exist until 1963, two whole years after Obama's
birth, and 27 years after his father's birth. How could Obama's
father have been born in a country that did not yet exist?
Up and until Kenya was formed in 1963, it was known as the " British
East Africa Protectorate". But, this is not the only thing that I
found that just does not jive.
The second item that I looked into was the hospital that Obama was
born in. On the birth certificate released by the White House, the
listed place of birth is
"Kapi'olani Maternity & Gynecological Hospital ".
This cannot be, because the hospital(s) in question in 1961 were
called "Kaui Keolani Children's Hospital" and "Kapi'olani Maternity
Home", respectively.
The name did not change to Kapi'olani Maternity & Gynecological
Hospital until 1978, when these two hospitals merged. How can this
particular name of the
hospital be on a birth certificate dated 1961 if this name had not yet
been applied to it until 1978?
Go ahead, look it up. I am not talking crazy talk....these are the
facts. Like I said, I thought that this was a non-issue until the
actual certificate was released. Now that it has been released, of
course I had to look into it. I have found these issues, now I know
that something is up. If you doubt me, just look at the following
resources:
The first direct elections for Africans to the Legislative Council
took place in 1957.
Despite British hopes of handing power to "moderate" African rivals,
it was the Kenya African National Union (KANU) of Jomo Kenyatta that
formed a government shortly before Kenya became independent on 12
December 1963, on the same day forming the first Constitution of Kenya
.
"In God We Trust"
... Get ready for November 2012. [Vote OUT the Impostor !]
This letter will look at how well our governments are working in Ravalli County, without the party spin, but with hard facts, and hard truths.Some might remember the documentary commissioned and filmed in the Bitterroot Valley in 2009 named “Beneath the Beauty”.Within that 2 hr. production the Mayor of Hamilton, Jerry Steele is asked about incorporation documents for his city, required for public inspection in Montana under MCA 7-2-4100 and following.
The public inspection issue is a problem for our local governments.As many people work for these governments, all of a sudden it has become “all of them” against an individual, or smaller group of people.This newspaper has bravely entered the courts to attempt to warm the heart of Honorable Langton, personally I tried with Honorable Haynes to plead public disclosure of police reports which outweigh personal privacy of an individual, even if they work for a local government.The constitutional right to know is a powerful one in Montana, and our local governments don’t have a terribly good track record if you look at the filing history in the Montana Supreme Court.
In 2006 a person named Prindel sued Ravalli County for not releasing documents, and records the failure to release public information.In 1992 it appeared that the Hamilton City Judge was sexually harassed by the sitting Mayor Whitlock, and a group called Citizens to recall Whitlock sued the Mayor to release the investigation due to public concern of the document.The Bitterroot Star, and others sued the County for the release of Geoff Mahar’s complaint against the Ravalli County for similar reasons.
Why do our local governments behave so badly?It’s due to the “all of us” against the individual mindset.The interesting part is the admission in official meeting of Mayor Steele in August 2009 of no incorporation public documents for the City of Hamilton.The official plat map indicates the City of Hamilton was annexed to Missoula Co. on September 4, 1890, with no record of incorporation since.Ravalli County was created by the Montana Legislature on March 3, 1893 except that Hamilton relies upon a newspaper article from July 21, 1894 as proof of “incorporation”.Neither the current city clerk nor county clerk can find required public documents for Hamilton’s lawful incorporation.How can these local governments lawfully collect taxes or have employees, elections or any function of a government such as courts, law enforcement?
Official Hamilton Plat Map
Feb. 25, 2010 certification from Ravalli County Clerk & Recorder
Regina Plettenberg
Montana law MCA 7-2-2103 says that a county seat such as Hamilton must be incorporated for a county to lawfully exist.Seeing how the chicken came before the egg for Ravalli County (county created 1893 prior to “incorporation” in 1894 or Marcus Daly founding in 1895) do we wonder why our local governments are behaving so badly?It’s because they don’t lawfully exist, and they don’t need to behave or follow the rules.
Open meeting laws, public disclosure of information, partisan infighting, potential issues with civil rights; all due to no desire to be lawful.If we want less government intrusion, public officials can decide to put their pencils down, and stop collecting our taxes. Seeley Lake is a wonderful place to live, because Missoula Co. leaves them alone.With proof that Missoula Co. owns Hamilton, and Ravalli County cannot exist without a legitimate county seat, it’s time to get out the drawing board and chalk out some lawful solutions for our local governments to exist in the Bitterroot Valley.
Steve Bullock, candidate for Governor of Montana 2012 just received a strange endorsement recently.
peepl.com
Eric Feaver of the Montana Educator Association (MEA-MFT CORE)
On the heels of slamming the Ennis Montana School District Superintendent for improper use of public funds (something Steve Bullock is expert at) he gets the school union endorsement in Montana. Some thing does not add up here for the MEA-MFT CORE union headed by Eric Feaver in Helena.
Chicago Tribune
Jim Messina Obama Campaign Manager 2012
What does make sense is Democratic operatives such as Jim Messina "from Montana" pressuring the union to back Bullock. The question is, do Montana Voters follow unions endorsements into the voting booth? It would be a hard sell to elect a Democrat in any state in the Union after the 2010 windfall for the other corporate party.
Eric Feaver should be ashamed of throwing a Superintendent under the UNION Bus, Doug Walsh who served Montana proudly as an Educator professional. Steve Bullock must be nervous if he is calling in favors from Jim Messina by getting a union endorsement.
Can't other educators in Montana figure out that this "endorsement" came pretty high up if the same news cycle has a superintendent trashed by Steve Bullock.
Ahh Politics in Montana. As in everywhere, its all perception and mostly a steamy pile of bull.
for more on Steve Bullock, check out www.MontanaAttorneyGeneral.com
Rocky Mountain Labs in Hamilton Montana was allowed to act above the law. It is due to a war time president; is RML engaging in activities that are barred by court order? Top secret clearances, no adherence to law, NEPA law (environmental) and a White House liaison in Dr. Marshall Bloom. Of note arrogant, and fraudulent Public Health Service Officer who engaged in damaging the public's health, knowingly.
The World Expert for Ebola works at the NIH NIAID Lab in Hamilton MT known as Rocky Mountain Laboratories detailed in this health & safety complaint. There is one containment room at the local ER, a few in the basement of the level 4 lab, and volunteer firemen without haz-mat training. See our letter to Obama in 2009 that also asked for civil rights: http://wethepeoplemt.blogspot.com/2013/01/montana-us-president-letter-2009.html
Welcome to the United States, where crime, abuse of law, rights all happen with Presidential approval. It happens in Hamilton Montana at Rocky Mountain Labs.
-------------------------------------------------------------------------------------------------------------
NEPA complaint follows. An affidavit for conduct unbecoming a PHS officer is inserted after the video showing the endangerment of American's health in the unincorporated City of Hamilton MT.
THE SOUND OF SILENCE @ ROCKY MOUNTAIN LABS (not)
39 seconds of Silence....reading bottomed at 62db C
which penetrates houses, homes, lives
gives headaches.
Affidavit of PHS Officer Kelly Hudson MISCONDUCT at NIH NIAID Rocky Mountain Labs Hamilton
Kelly Hudson's career should be over, smiles to that.
"we'll leave it up to the experts now"
Note: For NIH World Embarrassment (photos, video, description of violation of NIH Mission) see:
This cause of action is for violation of the National Environmental Policy Act (NEPA) as described in 42 USCA §4332 et. seq.; 40 CFR §1502 and §1503 et. seq. Defendants failed to follow well established guidelines for NEPA, and assess health and safety risks at National Institute of Health facility in Hamilton, Montana known as Rocky Mountain Labs (RML).
Plaintiff Michael Spreadbury (hereafter “Plaintiff”) in his complaint against US Department of Health and Human Services et. al. Defendants allege as follows:
Parties:
1.Michael Spreadbury, a resident and natural person of the State of Montana.
2.The US Department of Health and Human Services, an executive branch department of the United States which must abide by all applicable laws.
3.National Institutes of Health (NIH), a branch of the US Department of Health and Human Services must act in compliance with all applicable laws, based in Bethesda, Maryland.
4.Francis Collins, Director of the National Institutes of Health, the responsible official who must act in compliance with all applicable laws, based in Bethesda, Maryland.
5.Marshall Bloom, Director of Rocky Mountain Labs (RML) affiliated with NIH, is the local responsible official for who must abide by all applicable laws, located in Hamilton, Montana.
Jurisdiction and Venue:
The Montana US District Court has jurisdiction via 5 USC s. 701 et. seq., 28 USCA 1331 Federal Question, 28 USCA 1336, 28 USCA 2201 et. seq. Declaratory Judgment Act.NEPA 42 USCA § 4332 et. seq., 40 CFR §1502, §1503 et. seq.Plaintiff entitled to relief.
Venue is proper due to Defendant property and activities in Ravalli County Montana which is within the Missoula Division of the US District Court for Montana.
Factual Background
The Bitterroot Valley, where the Rocky Mountain Laboratory is located contains blue ribbon trout rivercourse Bitterroot River containing protected Species Bull Trout.
Lewis & Clark traversed valley upon direction of US President to find a land route to the Pacific Ocean.
Soils in the Bitterroot Valley are some of the richest in the state; water, timber resources abound surrounding the NIH facility in Hamilton, MT.
The Selway-Bitterroot Wilderness is the second largest in the US at 1.6M acres, which sits at the western boundary of the RML site in Hamilton, MT.
Wildlife crossings in ,Bitterroot are essential to habitat such as Bear, Moose, Elk, Deer, bird habitat of waterfowl, migrating birds, owls, hawks, bald eagles.
RML site in floodplain for flood insurance: any part of property below the 100 year floodplain makes entire property floodplain, 1968 National Floodplain Insurance Act.
Neighborhood surrounding RML south of Hamilton, MT contains historic homes over 40 years which require historical review for any federal project by NIH.
NIH-RML drafted an Environmental Impact Statement (EIS) and Final EIS (FEIS) with appropriate comment period.
NIH-RML drafted a 20 year master plan with appropriate comment period.
Specific details for Interpretive Center and North Parking Lot projects in FEIS did not include required items as per the National Environmental Policy Act (NEPA).
NIH-RML FEIS did not include alternatives to interpretive center project.
FEIS did not include a historical review in report specific to the interpretive center, proposed parking lot project, purchasing residential property for NIH industrial use.
FEIS did not allow public comment addressing the interpretive center, or the parking lot project specifically as proposed.
Proposed Parking Lot project is near floodplain and drainage to Bitterroot River, and would require use of residential property purchased for a federal industrial purpose.
Interpretive Center proposed demolition is within a historic residential area did not include alternatives to the proposed demolition of the existing structure 801, 803 S. 4th.
In planning the new BSL-4 facility, NIH did not include professional fire, material safety personnel or fire structure assets at RML for safety, health of residents, employees.
The 20 year plan and FEIS does not include an emergency response structure at RML.
RML agreed to respect NEPA process, and uphold health and safety of community and RML employees in 2004 to resolve CV-04-154-M-DWM out of court.
NIH BSL-4 facilities in Frederick, MD; Bethesda, MD; and Raleigh-Durham, NC have sufficient fire assets due to being in larger communities which have training and equipment necessary to provide emergency assistance to comparable facilities to RML.
RML is located in an isolated valley with no professional fire departments, and no material safety teams within 45 miles, and 29 volunteer firemen in Hamilton, MT.
NIH headquarters house 30 federal firefighters, and can get assistance from the well equipped Bethesda (MD) Fire Department, located within 15 minutes from D.C. metro.
RML has no federal or professional fire personnel in any proximity to facility.
RML 20 year plan had no onsite emergency response facility although no adequate biological, materials, or radiological safety team is within 45 miles.
First Presidentially declared fire emergency was in proximity to RML, Ravalli County, and Montana in year 2000.Fire hazard is extremely high near RML.
RML is 45 miles from Missoula, MT with 60,000 residents and five firehouses.Materials safety team is currently dispatched from Missoula Fire Department.
Fallen timber block fire corridor route, accidents, and in-climate weather 3000 ft. AMSL, 47°Latitude; fire/materials response from Missoula not assured within 1 hour of dispatch.
RML without professional material safety, biological, or radiological staging area available on site, or within 45 miles of the Hamilton, MT facility.
NIH Office Research Safety issued Plaintiff false assurances of safety since 2007.
Plaintiff has adequately participated in administrative process by expressing concerns to RML, NIH in fire safety, environmental quality, NEPA director, Director of Research Safety, NIH legal counsel, and NIH Directors office.
Plaintiff has offered mediation to resolve this dispute to NIH.
No further remedy is available to Plaintiff to resolve NEPA and related safety issues.
FEIS and published NIH documents failed to adequately disclose, analyze, and assess environmental risk from proposed interpretive center demolition, parking project proposed by RML.
Risks from RML proposed interpretive center, parking lot projects have impacts to the environment, human health, and impacts to local governments.
Defendants did not comply with the NEPA act at RML.
Defendants have duty protect safety and health of employees, public around RML.
Defendants failed to answer electronic correspondence from Plaintiff addressed to askrml@niaid.nih.gov relating to fire safety.
Defendants do not pay taxes to local governments, nor payment in lieu of taxes (PILT) to defray wear on roads, fire response, and other costs.
Defendants are adding lab space at RML requiring more water resources, and have not addressed resource issue in the master plan, FEIS, or other published NIH documents.
Water discharge from RML facility, or monitoring is not published or public information.
Security of RML north boundary is substandard as non-fortified chain-link fencing.
Purchase of residential property for RML is not proper for federal industrial projects.
Industrial process as RML requires roof cooling fans, which impact bird habitat, and riparian, river area to west and surrounding RML and was not addressed in FEIS.
Use of NIH police vehicles except official use, outside RML property, improper.
Charges:
Failure to consider a reasonable range of alternatives—Count 1
Plaintiff repeats and realleges paragraphs 1-48 of this complaint as fully set herein.
50.NEPA requires NIH to consider alternatives to recommended courses of action in any proposal 42 USCA §4332(2)(E).
NEPA requires NIH to prepare a detailed evaluation of all reasonable alternatives to the proposed action in every EIS. 42 USCA §4332(C)(iii); 40 CFR §1502.14(a)
Defendants consideration of a single action alternative does not satisfy the requirement that an agency prepare a detailed evaluation of all reasonable alternatives.
Failure to develop and consider reasonable alternatives by NIH with respect to the demolition of a dwelling, and a parking lot project is a violation of the NEPA Act.
Failure to Disclose Substantive Information Regarding the Proposed Action—Count 2
54.Plaintiff repeats and realleges paragraphs 1-53 of this complaint as if fully set herein.
55.Defendants did not disclose impacts to the public about proposed parking lot project, interpretive center project, within EIS for public comment.
56.No alternative was presented to local fire services in 20 year plan, or current expansion.
57.Impacts to demolishing duplex residential dwelling at 801 and 803 So. Fourth St Hamilton, MT for RML interpretive center was not published in FEIS.
58.No alternative was presented for interpretive center or parking lot proposed projects.
59.Water use in further expansion of RML post BSL-4 has not been disclosed.
60.As a result of Defendants not disclosing substantive information, NEPA violation exists.
Failure to respond to comments-- Count 3
61.Plaintiff repeats and realleges paragraphs 1-60 of this complaint as if fully set herein.
62.Defendants have a responsibility within NEPA to adequately respond, and take into account correspondence from the public from EIS comments as in 40 CFR §1503.4
63.Plaintiff comment and Public comments as to material, biological, and fire safety at RML were not adequately and meaningfully responded to in NEPA process by Defendants.
64.False assurances to safety by NIH did not adequately address public concerns.
65.RML did not respond to questions from Plaintiff and public regarding fire safety at RML.
66.Defendant’s failure to adequately respond to, or incorporate public comments into a FEIS process is a violation of NEPA.
Failure to protect federal employees and general public—Count 4
67.Plaintiff repeats and realleges paragraphs 1-66 of this complaint as if fully set herein.
68.Defendants planned, and built level 4 BSL in Hamilton, MT at RML.
69.Increased dangers to employees and public were not met with sufficient resources to protect federal employees, federal property, and US Citizens residing near RML.
70.NIH did not treat RML equally in respect to health and safety as compared to other BSL-4 labs in other locations of the United States with respect to fire and materials safety.
71.Due to a failure of NIH to protect employees and the general public at RML, no fire assets or structures were built or planned as published in 20 year master plan and FEIS.
Lack of Disclosure in EIS and Mater Plan Documents—Count 5
72.Plaintiff repeats and realleges paragraphs 1-71 of this complaint as if fully set herein.
73.Fire capabilities for local volunteer departments are not published in RML documents.
74.Volunteer fire departments do not protect other NIH facilities with BSL-4 labs.
75.The lack of disclosure by NIH of fire capabilities for RML does not meet duty to assess health and safety risks to the public, as found in NEPA laws.
76.Due the lack of disclosure by NIH, RML is not sufficiently protected as well as other BSL-4 laboratories in the United States.
Negligence—Count 6
77.Plaintiff repeats, realleges paragraphs 1-76 of this complaint as if fully set herein.
78.Defendants planned BSL-4 structure five years prior to construction at RML.
79.No fire facility was planned within the campus at RML although no professional fire or fully equipped hazardous materials safety team is available within 45 miles of RML.
80.By working with high level pathogens with no known cure or vaccine, without fire and materials safety infrastructure on, or near RML campus, Defendants were negligent in their duty to protect the public and RML employees.
81.Defendants knew or should have known that RML had less fire safety available to it than other NIH facilities with BSL-4 labs on their campuses.
82.Defendants are negligent in not planning or building sufficient fire assets at RML.
Failure in Scientific Integrity—Count 7
83.Plaintiff repeats, realleges allegations in paragraphs 1-82 as if fully set herein.
84.The failure to disclose and assess health risks constitutes a failure to satisfy the standard of scientific integrity, a violation of NEPA 42 USCA §4332 et seq, 40 CFR §1502 §1503.
85.Defendants did not disclose specific facts about fire capability, specifics about Hamilton Volunteer Fire, type of engines, type and frequency of calls, required training, average age & physical condition, requirements for volunteers, capacities and age of equipment.
86.NIH did not publish alternative to use of volunteer fire departments to protect RML.
87.Vagueness of FEIS, Master Plan, Defendants gave arbitrary and non-specific information on biological, fire, material, and radiological safety at RML.
88.NIH failed to give specific information for scientific integrity with respect to NEPA required documents such as FEIS, projects, and fire operations for RML.
Disregard for Process—Count 8
89.Plaintiff repeats, realleges paragraphs 1-88 of this complaint as if fully set herein.
90.Defendants did not use EIS process to evaluate alternatives, gain comment from process, limit impact to environment on federally funded projects, but a means to gain the desired outcome of publicly owned resources.
91.Federal regulations state EIS “shall serve the means of assessing the environmental impact of proposed agency actions rather that justifying decisions already made. 40 CFR §1502.2 (g).”
92.Federal agencies “shall not commit resources prejudicing selection of alternatives before making a final decision. CFR 40 §1502(f).”
93.Defendant NIH did have a disregard to EIS process with respect to Interpretive Center, Fire resources, and proposed parking lot at RML.
Non-disclosure of Natural Resource use—Count 9
94.Plaintiff repeats, realleges paragraphs 1-93 in this complaint as if fully set herein.
95.RML uses resources from the public like water without delineating use.
96.The proposed expansion of RML will demand more water resources.
97.By not tracking, and publishing these figures, NIH is not upholding its duty to the public to wisely use local resources, or explain its use to public.
98.RML does not publish water quality figures after treatment, and release into the Bitterroot River in Hamilton, Montana.
99.RML has a duty to assure the public that the post-process water quality is below allowable levels, and is within tolerable limits of environmental protection.
100.Resource use is an impact to a community, and NIH has an obligation to the public via Federal Regulations and NEPA laws to disclose specifics on use, and protect resources from over-extraction, and assurances of best use practices.
Negligent disclosure of Environmental Impacts—Count 10
101. Plaintiff repeats, realleges paragraphs 1-100 in this complaint as if fully set herein.
102.NIH, in FEIS did not disclose impacts all impacts to wildlife at RML.
103.FEIS stated 100 species of birds surrounding lab, yet published no impact to Riparian area due to no building in those zones on NIH property at RML.
104.NIH knew or should have known that impacts to wildlife would occur due to expansion and further expansion of the RML campus to add laboratory buildings.
105.NIH knew or should have known that an industrial campus near a wilderness river area and natural sanctuary for wildfowl on RML property would cause impacts.
106.NIH was negligent in disclosing environmental sensitive areas on the RML campus.
Misrepresentation of safety facts, environmental impacts at RML—Count 11
107.Plaintiff repeats, realleges paragraphs 1-106 in this complaint as if fully set herein.
108.NIH did not disclose fire safety statistics, fact that no comparable NIH BSL-4 facility is protected by volunteer fireman in the United States.
109.NIH did not disclose impacts, alternatives to certain projects planned at RML.
110.NIH did not mention water use other than it was sufficient for fire flow.
111.NIH did not mention impacts for wildlife, or impacts to proposed projects.
112.NIH did not reveal land purchase expansion is zoned residential for planned federal industrial use for RML.
113.Due to misrepresentation, or omission, NIH did not disclose facts as required in EIS.
Relief Sought from Court
Plaintiff respectfully requests that Court will find declarative ruling that the Defendants have violated the National Environmental Policy Act (NEPA), or other violations in all or part of this complaint herein.
Additionally Plaintiff requests US Magistrate to:
I.Issue temporary injunctive relief to enjoin Defendants to immediately raise fire assets of RML to the standard of other BSL-4 laboratories in the United States.
II.Enjoin Defendants with cease order to stop building, on other projects at RML so fire protection can be brought to a suitable level consistent with relief sought in I.
III.Make declarative judgment whether Defendant federal agency can purchase private zoned residential property for use as federal industrial property at RML.
IV.If affirmative in III, enjoin Defendants to re-issue EIS process to include alternatives, public comment, and other NEPA requirements on proposed parking project at north central portion of RML site, and interpretive center project.
V.If negative in III, enjoin the Defendants to maintain the integrity of the historical neighborhood at RML main entrance and refrain from the proposed interpretive center project, and parking lot project at north central RML property.
VI.Enjoin Defendants to secure flood insurance for all structures on RML required by National Flood Insurance Act of 1968 per US Congress Legislation.
VII.Enjoin Defendants to regularly disclose to the public water use, expected water use, treatment standards, and contaminant levels of effluent discharged into the Bitterroot River at Hamilton, MT.
VIII.Issue permanent injunction to enjoin Defendants to prepare an EIS which follows the NEPA law to the benefit of the public with respect to the Interpretive Center, impacts to wildfowl, and all future and current federal projects at RML.
IX.Plaintiff asks court to grant any costs that arise from this action.
X.Plaintiff yields to court any further relief court deems proper in this action.
If you are a prospective employee, do you want to work where Ebola and other infectious agents are analyzed, without proper emergency protection, which might kill tens of thousands of innocent Americans all to further your CAREER?
Rocky Mountain Labs, where corruption, environmental crime, and abuse of neighbors is their mission statement:
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