Who wants to take NPS to court and win!

sloopjones · Post by **sloopjones** » Sat Oct 05, 2013 6:52 am

Judge orders Virgin Islands beach reopened

January 4, 1996
Web posted at: 12:45 a.m. EST

ST. CROIX, U.S. Virgin Islands (CNN) -- A federal judge Wednesday ordered the National Park Service to reopen the Buck Island Reef National Monument despite the ongoing federal budget crisis.

Two Virgin Island residents sued in federal district court to have the park reopened, arguing they were being hurt by the closure of the beach at Buck Island. They said the shutdown had denied them the ability of "freely enjoying a cherished natural resource." They further argued that the Park Service had violated the federal Open Shorelines Act by closing the beach.

The National Park Service argued it had no choice because the budget crisis had forced it to reduce the normal staff of "two to three employees" to one employee and one volunteer.

Further, the government contended that it might suffer legal liability if it opened the beach at Buck Island "in the present understaffed condition."

But Judge Raymond L. Finch ruled that the Park Service must reopen the site. He said he felt the liability of the government would not be increased by operating with one employee rather than the usual two or three.

Finch said he believed the plaintiffs were likely to prevail if the case went to trial and issued an order immediately requiring the Park Service to reopen the beach.

Buck Island, located off the North-East coast of St. Croix, became a national monument under a proclamation signed by President John F. Kennedy on December 28, 1961.

EagleRayLover · Post by **EagleRayLover** » Sat Oct 05, 2013 8:53 am

Very interesting.

EagleRayLover · Post by **EagleRayLover** » Sat Oct 05, 2013 8:58 am

Sloop can you repost this on your Facebook page - for some reason I cannot copy and paste it from here!

nascarfan59 · Post by **nascarfan59** » Sat Oct 05, 2013 3:04 pm

One volunteer? That would be a violation of the Antideficiency Act of 1870.

Pete (Mr. Marcia) · Post by **Pete (Mr. Marcia)** » Sun Oct 06, 2013 1:19 am

you posted it, Sloop, I suggest you file the suit.

sloopjones · Post by **sloopjones** » Sun Oct 06, 2013 6:17 am

thanks Pete. not my battle.

We live on the East End where NPS does not own the ocean.

Lots of free publicity for whoever does file.

Coconuts · Post by **Coconuts** » Sun Oct 06, 2013 7:27 am

The article that Sloop found raises some very interesting points. The VINP is one of only two National Parks (the other is in American Samoa) that lies not within a state, but rather within an unincorporated United States Territory. The Honorable Raymond Fitch, who made the ruling opening the Buck Island Reef National Monument, sits on the District Court of the United States Virgin Islands. It is worth noting that the District Court is a United States territorial court with jurisdiction over federal and diversity actions in the United States Virgin Islands. This is quite unusual, but it is what allowed Judge Fitch to make his ruling. There are five members of the District Court, and two (the Honorable Ruth Miller, and the Honorable Curtis V. Gomez) sit in St. Thomas. I believe that they, or for that matter any of the five justices, do in fact have the power to open the National Park. I'll give Craig Barshinger a call to discuss this, and if Craig thinks that this is even remotely feasible, will also call the offices of Justice Miller and Gomez.

Does anyone know if Reese Witherspoon is available?

All the best,

Kevin

[Edit 9 AM. Case closed; Reese can stay home]

equineannie · Post by **equineannie** » Sun Oct 06, 2013 9:41 am

Kudos to St Croix residents!!!!!!!!!!!!!!!!

Amazing what 80, arrogant, self serving Congressmen can accomplish: holding the government and the American people hostage over an issue that is not at all related to the budget process. Remember these Tea Party extremists, if closing parks bothers you, at election time. And people out there still really believe that our elected officials really are there for us?

Agent99 · Post by **Agent99** » Sun Oct 06, 2013 10:56 am

Congratulations to the the USVI folks who stood up against the illegal over-reach that tried to block the public from their beaches.

verjoy · Post by **verjoy** » Sun Oct 06, 2013 1:08 pm

Equine~
Better be careful or you will get banned. That is, if Anthony applies the rules evenly.

DaveS007 · Post by **DaveS007** » Sun Oct 06, 2013 1:41 pm

The republicans offered up a sweet bill whereby the entire government would be funded with the exception of Obamacare (which the majority don't want). Reid and Obama said no, we are not negotiating. They are holding the govt hostage. I fail to see what the Tea Party has to do with it.

PatrickMcc · Post by **PatrickMcc** » Sun Oct 06, 2013 3:03 pm

to DaveS007- A very recent poll in Forbes Magazine-(a very Republican business magazine) showed 33% of the public favored shutting down the government to defund Obamacare, the rest were opposed. Most Americans want to give it a chance and believe it will probably need changes which is not unusual for a major complex law. The polls that often show people opposing the affordable care act also tell you in the fine print that a certain %-usually around 15%, sometimes 20% oppose it because it does not go FAR ENOUGH and they want more government involvement. Here in Massachusetts we have had Obamacare for about 7 years (it is called Romneycare) and it did need changes but now about 95% of Mass residents have health insurance and 85% are happy with it- the world did not end and we continue to be one of the most prosperous and healthy states in the union. I'm no sure what the post about the rules meant but if politics if against the rules, I apologize Anthony.

Dome526 · Post by **Dome526** » Sun Oct 06, 2013 3:15 pm

All I know is if I saved my money to go back to STJ, and NPS (congress) closed the beaches and park, I would be pissed beyond repair. This much I will say: ZERO incumbents will receive a vote from me. Yup-ZERO. Pathetic "leaders".

Pete (Mr. Marcia) · Post by **Pete (Mr. Marcia)** » Sun Oct 06, 2013 3:49 pm

DaveS007 wrote:The republicans offered up a sweet bill whereby the entire government would be funded with the exception of Obamacare (which the majority don't want). Reid and Obama said no, we are not negotiating. They are holding the govt hostage. I fail to see what the Tea Party has to do with it.

Your Tea Party is acting like a spoiled child. You lost in Congress and the law passed. You lost in the Supreme Court...the law is constitutional. Now you are resorting to stamping your feet and holding your breath. That is what is going on...your tea party is holding the nation hostage because you can't face the fact that the Affordable Care Act is the law.

verjoy · Post by **verjoy** » Sun Oct 06, 2013 4:20 pm

Pete~ I am the Tea Party member, so direct your insults to me.

usvi-on-line