Hi I'm from that government and I'm here to help

[AFTiger 282]

I have never heard of this site

Montana Veteran Convicted Over Pond

… Here We Go Again!

By Shari Dovale

You might remember that Andy Johnson, the rancher from Wyoming, just won his case this week against the Environmental Protection Agency (EPA).

That battle concerned their environmentally friendly stock pond on their private property. The EPA demanded that he remove the pond and threatened him with fines of $37,500 per day if he did not comply. The case was settled this week and the Johnson Family are happy.

However…

He is not the only citizen that the EPA has targeted. More cases are coming to light on the extreme overreach of this organization.

Disabled Navy veteran Joseph Robertson, 77, of Basin, Montana, and his wife, Carri, own about 200 acres of beautiful Montana mountain land. They homestead the White Pine Lode patented mining claim that he owns, and live “green” as Robertson is quick to explain. “I’ve worked over 30 years for mining corporations and I know what contamination is.”

They lease a portion of it to the Helena Veteran’s Support group. They offer camping, hiking and more to veterans and their families. “There is a great veteran support group here,” Robertson tells Redoubt News.

They, also, own a large Freight-liner water tender that they loan to the volunteer fire department, and share with their neighbors. Additionally, they have an outfitted fire truck, including foam, hose reels, etc. that they use with the volunteer fire department.

They love their community and are active in helping, and sharing with, their neighbors.

Due to multiple fires in the area over the past several years, Robertson has maintained and improved his property by building stock ponds for his animals and fire prevention for his and the neighbor properties.

But, he has also scrapped with the government, by way of the Forest Service and the EPA, for years. The harassment by the government began over a decade ago, complaining that he was not allowed to repair the road that leads to his private property. This came to a head in 2013 when they charged this disabled veteran for violation of the Clean Water Act.

The government contends that nine stock ponds affect approximately one-tenth (1/10) of an acre of discharged pollutants into the Jefferson River, nearly 60 miles away.

The first trial was held last year and ended in a hung jury. It would probably have concluded in favor of Mr. Robertson had the federal defender presented all of the evidence. Yet, the defense, Michael Donahoe, refused to call any expert witnesses.

The Director of Veterans Affairs for Senator Steve Daines, Denny Lenoir, was in the courtroom during the trial. Donahoe seemed upset when Robertson would consult with Lenoir. “Why are you making this political?” he complained.

Donahoe’s group had paid for, and received, an environmental impact report detailing how Robertson did NOT violate the law, yet he treated it as if it was not accurate. This report outlines the fact that there is no stream from the Robertson pond to any tributary. Donahoe’s response was that the EPA was the expert testimony, and he would rely on their report.

Donahoe has a good bio with criminal defense. Why would he choose not to use his own expert witness, and report? He chose instead to claim the EPA was the only expert testimony needed in this case.

There is a second, nearly identical report, completed by Kagel Environmental, LLC, included here. Documented by Ray Kagel, a former federal regulator, he shows that Robertson actually improved the land and could not have contaminated any US waters.

The report outlines that the alleged wetlands “is not waters of the U.S.” and it is virtually impossible for them have a “significant effect on the physical, chemical, and biological integrity of the Jefferson River.”

Kagel spoke with Robertson’s public defender, offering to testify on Robertson’s behalf. Donahoe declined the offer and stated he did not wish to use any expert testimony. Kagel completed the report, pro-bono, for the Robertson’s anyway. Thank you Ray Kagel!

Judge Donald W. Molloy retired in 2011. Molloy was the subject of a complaint letter by Robertson some years ago, so it is surprising that, knowing there is bad blood between them, he came out of retirement specifically to hear this case. However, seeing the way this case was handled, maybe it is not so surprising after all.

A week after the first trial ended in a hung jury, Donahoe asked the Robertsons to travel to his office in Helena. Upon the return to their home, they caught two EPA agents attempting to drain their pond, trying to make a stream flow a mile down the canyon to Cataract Creek. It was a blatant attempt to manufacture evidence to support the government case. The timing does seem suspect, as they do not travel off of their property often. It just so happened that they were called away, by their attorney, during this event.

When this information was brought to the attention of Judge Molloy, the Judge did not see a problem with this manufactured evidence. In fact, this ‘evidence’ was allowed at the second trial. Robertson tells me that even Judge Molloy questioned Donahoe as to why he was not objecting to this evidence being presented. Still, Donahoe did not object.

The second trial was completed last month. During the trial, Judge Molloy seemed upset that Robertson wanted his service dog with him. Robertson was required by his attorney to get documentation that authorized him to have the dog, Sasha, in the courtroom.

The second trial ended in a conviction for this 77 year old Navy veteran. He now faces prison and hundreds of thousands in fines. This will amount to life in prison and forfeiture of his property.

“This verdict sends a message that the United States will not stand by and allow streams and wetlands of the United States to be polluted, or National Forest lands to be injured,” said United States Attorney for the District of Montana Mike Cotter.

“Today’s guilty verdict demonstrates that polluters will be held accountable for their actions.” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in Montana.

Mr. Robertson did not harm the environment, he actually improved it. However, the government did not control these actions, and therefore, seems intent on sending that message. Robertson, who served his country honorably, including tours in Vietnam, faces losing everything he built over his lifetime.

Robertson could now be sentenced up to 15 years in prison and a $250,000 fine. It would appear that their Federal Public Defender showed that he knows who he really works for, and it was not for Mr. Robertson. His oath to defend Robertson seemed not as strong as the oath to defend the government. In accordance with this stance, there currently is no appeal expected.

Sentencing is scheduled for July 20, 2016.

http://redoubtnews.com/blog/2016/05/13/montana-disabled-veteran-convicted-pond/

[Mikey 16,781]

You don't want the EPA on your land. You don't want the EPA to know your name. If you are antagonistic towards them in a public meeting, be sure they don't watch what vehicle you leave in and get your vehicle information.

IMO, the are the worst abusers of individual freedom in this country. The above story is right in line with other things this agency has done. Avoid them at all costs. Even if you live in a subdivision, if you piss them off they'll find some bogus reason to drag you into court.

If you do get tangled up with them, get a private lawyer and get him on the case ASAP.

[homersapien 11,812]

Yeah that Nixon was a real SOB. Gotta watch those Republicans.

[AFTiger 282]

Yeah that Nixon was a real SOB. Gotta watch those Republicans.

Que up ICHY for another stupid response.

[Mikey 16,781]

Yeah that Nixon was a real SOB. Gotta watch those Republicans.

The SOB's at EPA got worse under the Billaries, leveled off at "worse" during the Bush years and then, feeling a kindred soul in the White House, have gone wild with enthusiasm over the past 7.5 years. They love kicking some little guy around while ignoring the sins of politically powerful industries such as construction and development out West, big sugar and big citrus in Florida, on and on. Attack the helpless and ignore the tough guys is how the EPA rolls.

[Auburn85 434]

EPA failed to protect Flint, Michigan after the boondoggle helped created by Republican state government. The EPA seems to care more about wood used for guitars and ponds than they do poor people. I'm not being sarcastic, I'm being dead serious. There are a lot of stories about the EPA doing stuff like this.

If EPA funding was an issue because of evil Republican federal budget cuts, people should be prioritized over non people. Because if you have enough resources to help justify a raid on Gibson Guitar and to go after people described in this article, then you have enough funding to step in and protect Flint, when no state officials would.

Oh, and Nixon created the EPA via executive order. Just wanted to throw that out there. And now look what the EPA has become. What's that tired cliche? Can't see the forest for the trees?

[homersapien 11,812]

EPA failed to protect Flint, Michigan after the boondoggle helped created by Republican state government. The EPA seems to care more about wood used for guitars and ponds than they do poor people. I'm not being sarcastic, I'm being dead serious. There are a lot of stories about the EPA doing stuff like this.

If EPA funding was an issue because of evil Republican federal budget cuts, people should be prioritized over non people. Because if you have enough resources to help justify a raid on Gibson Guitar and to go after people described in this article, then you have enough funding to step in and protect Flint, when no state officials would.

Oh, and Nixon created the EPA via executive order. Just wanted to throw that out there. And now look what the EPA has become. What's that tired cliche? Can't see the forest for the trees?

OK, I'll put you down as wanting to abolish the EPA. I hope it's part of the Republican platform, not that it'll matter.

[AFTiger 282]

Homer, are you defending these outrageous actions of the EPA?

[homersapien 11,812]

Homer, are you defending these outrageous actions of the EPA?

Not at all. I'd need more information before doing that, specifically, EPA's side of the story.

[AFTiger 282]

Homer, are you defending these outrageous actions of the EPA?

Not at all. I'd need more information before doing that, specifically, EPA's side of the story.

The EPA side was included in the story.

[homersapien 11,812]

Homer, are you defending these outrageous actions of the EPA?

Not at all. I'd need more information before doing that, specifically, EPA's side of the story.

The EPA side was included in the story.

"Redoubt News" version of the EPA's story is not the actual EPA side of the story.

[Mikey 16,781]

EPA failed to protect Flint, Michigan after the boondoggle helped created by Republican state government. The EPA seems to care more about wood used for guitars and ponds than they do poor people. I'm not being sarcastic, I'm being dead serious. There are a lot of stories about the EPA doing stuff like this.

If EPA funding was an issue because of evil Republican federal budget cuts, people should be prioritized over non people. Because if you have enough resources to help justify a raid on Gibson Guitar and to go after people described in this article, then you have enough funding to step in and protect Flint, when no state officials would.

Oh, and Nixon created the EPA via executive order. Just wanted to throw that out there. And now look what the EPA has become. What's that tired cliche? Can't see the forest for the trees?

As I stated above, the EPA is happy to go after the smaller companies and less wealthy individuals, but won't attack a big industry or, as in this case, a city government. It doesn't matter what political party is in power, this is the EPA's M.O.. They'll be more active when they sense a friend in the highest of places, but their methods are the same. They won't start a fight unless they are sure the enemy is mostly defenseless.

They had one of these "$40,000 a day" deals against a small farmer on the Georgia side of the river a few years ago. At a public meeting, I asked the EPA people there why they haven't done something about condos and orange groves on places in Florida's everglades where I used to take my sons fishing not so long ago. Their response, in a public meeting mind you, was to ask my name and the location of any land I might own. My answer was: "How stupid do you think I am?"

[Auburn85 434]

EPA failed to protect Flint, Michigan after the boondoggle helped created by Republican state government. The EPA seems to care more about wood used for guitars and ponds than they do poor people. I'm not being sarcastic, I'm being dead serious. There are a lot of stories about the EPA doing stuff like this.

If EPA funding was an issue because of evil Republican federal budget cuts, people should be prioritized over non people. Because if you have enough resources to help justify a raid on Gibson Guitar and to go after people described in this article, then you have enough funding to step in and protect Flint, when no state officials would.

Oh, and Nixon created the EPA via executive order. Just wanted to throw that out there. And now look what the EPA has become. What's that tired cliche? Can't see the forest for the trees?

OK, I'll put you down as wanting to abolish the EPA. I hope it's part of the Republican platform, not that it'll matter.

Oh, I'm made a list. I feel so honored.