Categories
Another potential ENEMY OF THE PEOPLE Born again Cynic!

NRA’s Mystery Case Revealed

by 

First, there was a post in The Trace referring to a sealed case involving the NRA and its longtime advertising firm Ackerman McQueen. It turns out all we knew is that the NRA has subpoenaed Tony Makris’ wife Elicia Warner Loughlin. She went to US District Court in South Carolina to quash the subpoena as being “burdensome”. It should be noted at this time that the NRA has settled with Ackerman McQueen for $12 million. Further, Makris’ Under Wild Skies won a judgement for $500,000 +/- in Virginia state courts against the NRA.

Next, the blog NRA In Danger reported on another move to squash a subpoena issued by the NRA. This time it was Makris who went to US District Court in Virginia to squash it. That subpoena had been issued to his CPA firm of Fitzwater and Dean. On August 18th, Magistrate Judge John Anderson ruled in favor of quashing the subpoena. He said it was overbroad, would impose an undue burden, not timely, and that the information could be obtained elsewhere. He also refused to transfer the case to the US District Court in Texas. Judge Anderson did allow the discovery order to remain sealed pending orders from the court in Texas.

Thanks to Judge A. Joe Fish of the US District Court for Northern Texas unsealing the majority of the case on August 25th, we finally have an answer.

The NRA sued Ackerman McQueen and the Mercury Group for breach of contract on September 1, 2022. The complaint which was filed under seal alleges Ack Mac and the Mercury Group violated the terms of the Confidential Settlement Agreement (CSA) because Makris and Under Wild Skies was suing the NRA in Virginia state court. They contend that UWS was an affiliate company and that suit violated the $12 million settlement which was “a broad, mutual general release of all claims (the “Release”) among the parties and their affiliates and/or related companies.”

The complaint goes on to argue that since Tony Makris was a senior executive of Ack Mac and President of Mercury Group, he and Under Wild Skies were precluded from suing the NRA in state court as they were “intertwined” and thus bound by the CSA. AckMac and the Mercury Group are included this suit because they failed to “cooperate in the dismissal of the UWS litigation.” The NRA does acknowledge later in the complaint that UWS is an entity that is solely owned by Tony Makris and is a Virginia corporation.

What is ironic here is the claim by the NRA (or should I say Brewer, Attorneys and Counselors) that they only sued AckMac, the Mercury Group, and Under Wild Skies initially so that they could do their due diligence and comply with concerns of New York regulators.

The NRA is asking for damages in excess of $75,000, attorneys’ fees in both this and the UWS cases, and reimbursement with interest of the damages awarded by the Virginia court.

In response to the NRA’s allegations, AckMac and the Mercury Group acknowledge the CSA, the litigation in Virginia by UWS, and that Tony Makris is an officer of both AckMac and Mercury. There is stops. They say that Under Wild Skies is not an affiliate or related entity of either company. They deny UWS was bound by the CSA. They also say the lawsuit is moot because the Virginia court found UWS was not bound by the CSA and that a jury awarded UWS $550,000 in damages. It is also contended that this lawsuit is “collaterally estopped” due to the rulings of the Virginia court which disposed of the NRA’s argument that the CSA included Under Wild Skies. Given that, this argument cannot be raised again.

Later filings added Tony Makris personally as a defendant in the case. His brief for summary judgement filed in May 2023 argues that he was never a named party to the CSA. Further, that he individually was not a party to the litigation in Virginia between Under Wild Skies and the NRA. It was the corporation that sued the NRA and not Makris personally. He also argues that he was a beneficiary of the CSA and cannot be sued as it granted release from any liability, damages, etc “from the beginning of the world until the date of this release.” Included in that release were all “Ackerman parties” which included any past, present, or future officer, director, shareholder, principal, etc. of Ackerman McQueen and Mercury Group. The NRA explicitly has said that Makris was an officer and executive and thus he personally would be covered by the CSA.

I don’t know how this case will be resolved. However, given there are 171 entries in the docket, attorneys have come and gone from Brewer, Attorneys and Counselors, and there is a lot of back and forth on what can be introduced as evidence or what can be sealed, I think the real winners in this case will be the attorneys.

For the life of me, I cannot see what financial benefit will accrue to the NRA given the legal bills involved in trying to claw back the $550,000 paid to Under Wild Skies and perhaps some of the $12 million in the CSA with AckMac and Mercury Group. I don’t know if the Special Litigation Committee was involved in approving this lawsuit or if the Board was even informed. Regardless, this lawsuit seems more akin to the lawsuit that cost $8 million in legal fees so the NRA could avoid paying Chris Cox the $2 million in severance due him. They lost that case by the way. It just seems a frivolous waste of members’ dues that could have gone to more important things. You know like actually defending the Second Amendment against the predations of the Biden Administration.

Categories
Another potential ENEMY OF THE PEOPLE Born again Cynic! Grumpy's hall of Shame Some Red Hot Gospel there!

From only guns and money – A Multitude Of Liberty Safe Memes

Categories
All About Guns Anti Civil Rights ideas & "Friends" Born again Cynic! California Grumpy's hall of Shame Gun Fearing Wussies You have to be kidding, right!?!

California Democrats pass state tax on guns and ammunition after nearly a decade of attempts by Lindsey Holden

Taya Gray/USA TODAY NETWORK file

California lawmakers will send a state excise tax on guns and ammunition to Gov. Gavin Newsom after years of failed attempts by Democratic legislators.

The Senate voted 27-9 on Thursday to approve Assembly Bill 28, which would require manufacturers, vendors and dealers to pay an 11% tax on guns and ammunition to fund violence prevention efforts. The bill passed with exactly the two-thirds threshold needed for approval of a tax.

Gun and ammunition-sellers would pay the new state tax on top of the 10 to 11% federal excise tax they already pay to fund wildlife conservation efforts.

Assemblyman Jesse Gabriel, D-Woodland Hills, authored the bill after former Assemblyman Marc Levine, D-San Rafael, failed multiple times to get excise tax bills through the Legislature.

Prior to Levine’s attempts, at least three other lawmakers had pushed similar taxes on guns and ammunition since 2013. Gabriel’s bill was the first of its kind to pass out of the Assembly.

When the assemblyman first put the bill forward, there were questions about whether it was “in the realm of possibility,” he said after the Senate vote.

“I introduced this bill at the very beginning of session,” Gabriel said. “A few weeks later, we have mass shootings in Half Moon Bay and in Monterey Park and in all these places.”

“Frankly, I think part of the reason the bill passed is the public is demanding this of us,” he added. “They are demanding that we have more solutions that will do more to protect their kids, to protect their communities.”

Lawmakers debate tax effectiveness

Many senators on Thursday cited their children and grandchildren and school safety concerns in their arguments for backing the bill. Floor debate lasted for about an hour before lawmakers voted.

Sen. Angelique Ashby, D-Sacramento, urged her colleagues to support AB 28 as a “mechanism to address gun violence.” She made her plea in the name of her school-age daughter and California children, as well as Amber Clark, a Natomas librarian who was fatally shot in 2018.

“Like so many Americans, I do hug my little daughter each morning as I drop her off at school,” Ashby said. “And as I drive away, I push out of my mind the unthinkable. Otherwise, it would be impossible for me to face the tasks I’m responsible for every day.”

But Republicans, and a handful of Democrats, said the tax would do little to prevent gun violence, and retailers would pass on the added cost on to customers. In this way, it would penalize law-abiding firearm owners, hunters and students taking part in shooting sports, they said.

“When you add another 11% on, all it’s going do is decrease the number of hunters,” said Sen. Bill Dodd, D-Napa. “Sooner or later, this will be like the tobacco tax. And sooner or later, this money’s going to go down, down, down.”

Gun control groups cheered AB 28’s passage and urged Newsom to sign it.

“This bill is an innovative approach in tackling gun violence and a crucial step to improve the safety of all California families,” said Cassandra Whetstone, a volunteer with the California chapter of Moms Demand Action for Gun Sense in America, in a statement.

Gun rights advocates said they plan to sue the state over the legislation if the governor makes it law.

“The passage of this bill will be seen for what it is … an unconstitutional tax on an enumerated right,” said Rick Travis, legislative director for the California Rifle and Pistol Association, in an email.

The measure now heads to Newsom, who must sign or veto bills by Oct. 14.

(Yup, you read that right – California is going to tax one of our Constitutionally protected Rights.)

Categories
Born again Cynic! Well I thought it was funny!

How my Funeral will probably be like!


Now here is how I would REALLY want my funeral to be like! GrumpyRelated image

Categories
All About Guns Anti Civil Rights ideas & "Friends" Born again Cynic! Dear Grumpy Advice on Teaching in Today's Classroom Grumpy's hall of Shame Gun Fearing Wussies You have to be kidding, right!?!

Pop Quiz

Categories
All About Guns Anti Civil Rights ideas & "Friends" Born again Cynic! Cops

Hundreds of Gun Dealers Lose Licenses Under Biden Administration Crackdown By Zusha Elinson

After years of light enforcement to encourage cooperation, ATF is clamping down on firearm sellers, who say they are being unfairly targeted
The Bureau of Alcohol, Tobacco, Firearms and Explosives employs about 800 people to inspect licensed firearms dealers across the country. PHOTO: TIM SLOAN/AFP/GETTY IMAGES

The Biden administration is revoking licenses from hundreds of firearms dealers in a significant escalation of federal enforcement actions that has angered many in the gun industry.

It has also provoked disagreement among law-enforcement veterans. Some say it is a welcome change after years of wrist slaps, while others say it risks alienating some of the government’s most valuable sources in combating gun violence.

The Bureau of Alcohol, Tobacco, Firearms and Explosives has revoked the licenses of 122 gun dealers in the fiscal year that began in October, up from 90 for all last fiscal year and 27 in 2021.

Previously, ATF issued warnings to many firearms dealers for legal violations, in part because they are a valuable source of tips on suspicious gun buyers. The Trump and Obama administrations never revoked more than 81 dealers’ licenses annually since at least 2013, the earliest year for which data are available. 

Gun dealers have filed lawsuits and threatened to stop informing federal agents about suspicious buyers, claiming that the crackdown is a way to punish the firearms industry by an administration hostile to them.

The Biden administration, which has been pushing to more tightly regulate guns both via legislation and administrative action, said it is simply enforcing the law.

ATF Director Steve Dettelbach said guns can end up getting sold to criminals and others who shouldn’t have them if dealers don’t follow the rules. PHOTO: OLIVER CONTRERAS/AGENCE FRANCE-PRESSE/GETTY IMAGES

“We’ve taken steps to hold accountable those few dealers who are engaging in these willful violations,” said ATF Director Steve Dettelbach. “They’re not going to have the privilege of being a gun dealer anymore.”

Dettelbach said guns can end up getting sold to criminals and others who shouldn’t have them if dealers don’t follow the rules.

Gun-store owners complain that the federal government is taking away their livelihoods over paperwork errors.

“We were making $1 million a year, now it’s less than $100,000,” said Anthony Navarro, who lost his license last year after receiving three earlier warnings since 2009. “This policy is designed to be a backdoor violation of the Second Amendment.”

Navarro still sells firearm accessories at his Greeley, Colo., store.

The ATF employs about 800 people to inspect more than 50,000 licensed dealers across the country. In the past, the agency had a light touch with inspections in part because it relied on dealers for information about suspicious gun buyers, according to former ATF officials.

“The gun dealers were our first line of defense against gun trafficking,” said Peter Forcelli, a retired deputy assistant director. “Why are we now beating an ally into submission?”

Other former officials said that the soft approach created an environment in which dealers weren’t worried about breaking the rules.

“The ATF, previous to this administration, had a ‘Let’s see if we can help you’ attitude and some gun dealers took advantage of that,” said Rick Vasquez, a retired ATF official.

President Biden’s tougher approach comes after a yearslong push by gun-control groups such as Brady to go after rogue gun dealers. Brady compiled about 80,000 pages of ATF inspection reports in recent years to highlight the issue.

Christian Heyne is vice president of policy and programs at Brady, which advocates for tighter gun laws. PHOTO: TOM WILLIAMS/ZUMA PRESS

“We could see regularly that recommendations for revocation were being downgraded and then these same stores would be inspected again for even at times even more than a decade,” said Christian Heyne, vice president of policy and programs at Brady.

Heyne discovered that an ATF inspector had in 2015 recommended revoking Navarro’s license for his shop in Colorado after sending him warning letters in 2009 and 2011. The 2015 inspection turned up 10 violations, including selling guns to people who said they were prohibited from owning guns on background check forms. An ATF supervisor overturned the recommendation, saying Navarro should be given a warning conference instead, the inspection reports show.

Navarro said some customers made mistakes when filling out background check forms, but weren’t prohibited from buying firearms.

SHARE YOUR THOUGHTS

How should regulation of gun dealers be enforced? Join the conversation below.

In 2020, inspectors found more violations, including failing to report multiple sales of handguns and failing to keep records of some transactions. Officials noted that they had warned Navarro to clean up his act on multiple occasions, according to agency documents.

Navarro said he discovered those issues after one of his employees quit. “It was a horrendous mess,” he said. “This guy hid forms underneath the printer.”

He said he reported the problems to the ATF as soon as he found them.

Advertisement – Scroll to Continue

The agency revoked his license to sell firearms last year.

An ATF spokeswoman declined to comment on specific cases.

A North Dakota gun store that recently filed a lawsuit against the ATF alleged that the new approach to inspections is being “wielded as a political weapon.” Bridge City Ordnance had sued the agency over an unrelated matter when inspectors recommended revoking its license. Lawyers for the gun store declined to comment, as did the ATF.

Leslie Gifford, an 82-year-old retiree who sold firearms out of his garage in Burlington, Kan., for the past three decades, tried to fight back when the ATF pulled his license last year for several violations including selling a gun to a man from NebraskaSuch sales are required to go through a dealer in the purchaser’s home state.

At a hearing, Gifford said he thought the sale was allowed because the man had a concealed-carry license from Nebraska, and he apologized, according to ATF documents. He attributed other violations to being too busy.

The ATF wasn’t moved by his pleas, ruling that “there is no legal justification for a licensee’s claim that circumstances, such as being busy or overwhelmed, excuses the failure.”

Gifford said he believes the government was determined to revoke his license, rather than reach a reasonable compromise.

“Mr. Biden wants to get rid of all of us little dealers,” said Gifford. “Gets me wound up, boy. It’s a political game, sure as hell.”

Categories
All About Guns Born again Cynic! Gun Fearing Wussies

Indy Council Votes to Ban Concealed Carry, ‘Assault Weapons’ by S.H. BLANNELBERRY

 

The Indianapolis City-County Council passed Mayor Joe Hogsett’s gun control plan on Monday night. The decision is in response to concerns over violent crime in the city.

Unveiled in May, Hogsett’s plan splits into two parts. The first proposes stricter gun restrictions, subject to state law changes.

These include:

  • Raising the handgun purchasing age to 21
  • Mandating handgun licenses
  • Banning concealed carry w/o license
  • Banning so-called “assault weapons”

A 2011 state preemption law currently blocks cities from regulating guns. Despite this, the council voted along party lines, 18-5, in favor of Hogsett’s gun control proposals.

The second part, unanimously approved, targets serious offenders.

Indianapolis will hire three federal prosecutors. They’ll report to the Southern District of Indiana’s U.S. Attorney’s Office’s Violent Crimes Unit. The unit focuses on serious violent and gun crimes.

The city’s corporation counsel’s office will fund the new prosecutors. This year’s budget allocates $225,000 for their salaries, with future costs covered by the office.

Mayor Hogsett praised the council’s decision.

“Tonight’s Council votes on Proposals 149 and 156 prove that Indianapolis and its leadership won’t back down from taking bold steps to protect residents and neighborhoods,” said the mayor on Monday night.

“I applaud the Council’s bipartisan support for funding our partnership with U.S. Attorney Zach Myers, holding the worst of the worst offenders to account,” he continued.

“I also wish to thank those who approved our common-sense gun safety measures, increasing the purchasing age to 21, requiring handgun licenses, and removing the concealed carry of firearms.  Tonight we are sending a clear message of where we stand about the causes of gun violence and the proliferation of illegal weapons on our streets,” he concluded.

Every Republican councilor, totaling five, opposed the gun control measures.

During the council meeting, Minority Leader Brian Mowery articulated his disapproval.

“I’m voting against this because I disagree with the toothless language and the policy itself, but also because it likely violates state statute and the state constitution,” he said, according to the IndyStar.

He further expressed concerns about the proposal likely contravening state statute and the constitution. Mowery cited the opinion of the Indiana Office of the Attorney General, stating that the proposal breaches the state preemption law.

There’s no doubt it does violate the state’s preemption law. As such, one can argue it isn’t worth the paper it’s printed on. That said, the second proposal — the hiring of prosecutors — may help to put and keep bad guys behind bars.

We’ll see. As always, stay tuned for updates.

Categories
All About Guns Born again Cynic! Paint me surprised by this

WATCH: FBI Director Wray Admits Gov’t Been Seizing Personal Data from Banks Related to Gun Purchases by LARRY Z

Estimated reading time: 2 minutes

In a shocking revelation, Christopher A. Wray, the Director of the Federal Bureau of Investigation (FBI), recently confirmed that the U.S. government has been quietly working in collaboration with prominent financial institutions, including Bank of America, to mine the personal data of law-abiding citizens without the use of legal warrants or subpoenas.

This data includes sensitive information such as records of firearms purchases. In the video above, you can watch Congressman Massie (R-KY) question Wray about the supposed extrajudicial surveillance.

The disclosure came on Wednesday during a House Judiciary Committee hearing on the “Oversight of the Federal Bureau of Investigation” (FBI).

 

Wray was also raked over the coals by Congressman Matt Gaetz. The Florida Republican sharply criticized the FBI director for numerous alleged bureau offenses, including mass violations of the Foreign Intelligence Surveillance Act (FISA) and a perceived lack of investigation into the Biden family.

Gaetz, citing low public trust in the FBI, voiced concern over Wray’s lack of scrutiny towards these issues.

Wray denied protecting anyone for political reasons, including the Biden Family, and defended the bureau, prompting Gaetz to imply that Wray’s responses were dishonest or ignorant.

Gaetz further critiqued Wray’s lack of accountability regarding personal misuse of the FISA process by FBI personnel. Despite this criticism, Wray maintained that there had been disciplinary actions taken for such misconduct. Grumpy

Categories
Born again Cynic!

Pro-2A Groups Challenge ATF’s ‘Zero Tolerance’ Policy in Federal Lawsuit by S.H. BLANNELBERRY

Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a federal lawsuit. They lodged it in the District of North Dakota against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The lawsuit contests the ATF’s “Zero Tolerance” policy for Federal Firearms Licensees (FFLs).

This policy, enacted by the Biden Administration, demands strict recordkeeping. Any errors can trigger immediate license revocation. This policy contrasts with previous practices, which prioritized warnings and corrective measures.

Morehouse Enterprises joined the lawsuit. Doing business as Bridge City Ordnance, they face the potential loss of their FFL. They’ve incurred five minor recordkeeping infractions, none involving illegal firearms distribution.

Interestingly, ATF inspected Bridge City Ordnance after it joined another GOA and GOF lawsuit. That ongoing case challenges the ATF’s Ghost Gun Frame and Receiver Rule.

Erich Pratt, GOA’s Senior Vice President, issued a statement. He called out the administration for its politicization of federal agencies.

ATF is revoking gun shop licenses at the highest rate in 16 years, according to a 2022 report by The Trace. (Photo: The Trace)

“This zero tolerance policy towards lawful commerce guaranteed by the Second Amendment is just the latest example of this Administration weaponizing federal agencies against their political enemies. It also is just one more compelling piece of evidence to support gun owners’ demands that Congress defund the ATF,” he said.

Sam Paredes, a GOF Board representative, also expressed concern. He spoke out about the hardship businesses face due to minor clerical errors.

“It’s ridiculous that good people trying to make an honest living are facing this assault on their livelihoods simply over inconsequential paperwork errors. GOF is proud to be lending our support in defense of Bridge City Ordnance and all of those small businesses facing devastating consequences if this Administration’s hostility towards firearms is permitted to go unchecked,” Paredes stated.

Fox News first covered this case. More information can be found there. As always, stay tuned for updates.

Categories
Born again Cynic! California

So typical of my State “Leadership”


A bald eagle on a whale carcass. (Photo: U.S. Fish and Wildlife Service)

Bald & Golden Eagles Sacrificed at the Altar of California’s Green Agenda

SB 147 will allow competing environmental factions on the left to kill off eagles in the name of saving the planet

By Katy Grimes, July 10, 2023 12:58 pm

California’s legislative Democrats are jamming a bill through to authorize the killing of Bald Eagles, Golden Eagles and other protected raptors, occurring at wind and solar farms throughout the state, all under the guise of helping enable statewide infrastructure projects.

On behalf of the green agenda, a placeholder spot bill, officially now Senate Bill 147 by Sen. Angelique Ashby (D-Sacramento) has prioritized intermittent green energy over wildlife. And it is an “urgency” bill; urgency clause bills go into effect immediately upon their enactment.

What is the “urgency?”

SB 147 will “authorize the Department of Fish and Wildlife to issue a permit under the California Endangered Species Act (CESA) that would authorize ‘the take’ of a fully protected species resulting from impacts attributable to the implementation of specified projects if certain conditions are satisfied, including, among others, the conditions required for the issuance of an incidental take permit.”

“Take” includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy molest or disturb. Activities that directly or indirectly lead to “taking” are prohibited without a permit, according to the American Eagle Foundation.

But with a permit, one can shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy molest or disturb a Golden Eagle or Bald Eagle apparently.

SB 147 will allow competing environmental factions on the left to kill off eagles in the name of saving the planet. Who spoke on behalf of the eagles?

Last year, the Washington Post reported on eagles being killed at an alarming rate by “clean energy” wind turbines. “An American wind energy company has admitted to killing at least 150 bald and golden eagles, most of which were fatally struck by wind turbine blades, federal prosecutors said,” the Post reported. “ESI Energy pleaded guilty to three counts of violating the Migratory Bird Treaty Act (MBTA) after eagles died at three of its facilities in Wyoming and New Mexico, according to a statement from the Justice Department.

Here is the crux of the legal issue:

“The Migratory Bird Treaty Act prohibits killing, capturing or transporting protected migratory bird species without a permit.”
So what does California’s progressive left do?

They push a bill which “Authorizes the Department of Fish and Wildlife (DFW) to issue a permit that would authorize the ‘take’ of a fully protected species…” to help enable statewide infrastructure projects.

Specifically, the bill names:

  1. Wind projects, and any appurtenant infrastructure improvements, and associated electric transmission projects carrying electric power from a facility that is located in the state to a point of junction with any California-based balancing authority; and
  2. e)  Solar photovoltaic projects, and any appurtenant infrastructure improvements, and associated California-based balancing authority.

Perhaps even worse, there is no opposition to the bill by the hundreds of environmental organizations which lobby lawmakers daily at the Capitol, as this page from the Senate analysis shows.

In the case of ESI Energy, the company will pay $29,623 for each bald or golden eagle killed by its turbine blades in the future. “ESI has since acknowledged that at least 150 bald and golden eagles have died at 50 of its 154 wind farms over the past decade and that 136 of the deaths occurred when the birds flew into a turbine blade, prosecutors said.”

So as long as the wind turbine producers pay $30,000 per dead eagle, the dead bird is “mitigated,” and the government collects the money. Mitigate means to “assuage,” “mollify” or “diminish.”

The Smithsonian reported that ESI must also follow an “Eagle Management Plan,” which “requires up to $27 million for measures to minimize eagle deaths.”

The scheme is in the “mitigation plan.” Where does the permit and fine money go, and why aren’t environmentalists screaming about this? Sierra Club? Nature Conservancy? Audubon Society (they are committed to working on racism)? Anyone? Environment California says it “works for clean air, clean water, clean energy, wildlife and open spaces, and a livable climate.” What about the wildlife?

The American Eagle Foundation gives the background of the Endangered Species Act:

Originally passed in 1940, this law provides for the protection of the bald eagle and the golden eagle (amended in 1962) by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export, or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit.

Bald eagles were removed from the federal list of threatened and endangered species in 2007, and are no longer protected under the Endangered Species Act.  However, bald eagles remain protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

“Wind turbines are a known killer of numerous species of birds, including eagles. At their tips, the blades can spin up to 200 mph,” the Post reported. “Research shows that between 140,000 and 328,000 birds are killed each year at monopole turbines in the United States, with an increase risk of death the higher the turbines.”

That’s a lot of dead birds.

The Globe learned SB 147 will help project developers (primarily Department of Water Resources, Caltrans and other local transportation agencies, as well as a few private wind and solar developers) with the regulatory hurdle of dealing with incidental take of fully protected species.

The scheme:

Renewable energy companies must apply for a permit with the Department of Fish and Wildlife, and pay a permit fee to the wildlife agency. “The permit provides for the development and implementation, in cooperation with DFW and applicable federal and state agencies, of a monitoring program and an adaptive management plan that satisfy the conservation standard of the NCCP Act for monitoring the effectiveness of the measures to minimize and fully mitigate the impacts of the authorized take,” Senate bill analysis says.

The environment and wildlife don’t get the same priority treatment when the state wants to approve its own projects, or grease the skids for others.

Feeding on catfish and other various fishes, by John James Audubon. (Photo: public domain)

The Smithsonian reported “there are about 316,708 bald eagles live across lower 48 states. Golden eagles only number to approximately 40,000.”

The State’s Fully Protected Birds Species list currently includes:

American peregrine falcon
Brown pelican
California black rail
California clapper rail
California condor
California least tern
Golden eagle
Greater sandhill crane
Light-footed clapper rail
Southern bald eagle
Trumpeter swan
White-tailed kite
Yuma clapper rail