11-2SG Scarborough CPR (Citizens Protecting Resources)
Grant Round:
2011 September
Grant Program:
Small Grants
Grant Type:
Other Grants
Grant amount requested:
2,500.00
Grant amount awarded:
$1,500.00
Attachments
Please provide a brief description of the project for which you seek funding.
On August 11, 2011, Scarborough CPR filed suit in the US Court of Appeals for the First Circuit against the US Fish & Wildlife Service (USF&WS), the Governor of the State of Maine, the Commissioner of the Maine Department of Inland Fisheries & Wildlife, and the Maine Department of Environmental Protection to protect the Eastern Trail, part of a connected system of trails extending down the Atlantic Seaboard. The Trail passes through the Scarborough Marsh Wildlife Management Area, a treasured 3,100-acre resource that defines Scarborough, Maine. The 32 acres in contention here were purchased with funds from the Pittman-Robertson Wildlife Restoration Act of 1937 and may only be used for wildlife purposes in perpetuity. According to the law, a state fish and wildlife agency can ONLY convey or encumber PR property upon 1) determination that the property is no longer useful for its original purposes, 2) prior approval of the USF&WS Regional Director, and 3) replacement of property at equal value or reimbursement to the granting agency of the full market value. Property acquired with federal aid funds is vested in the state grantee upon acquisition, however it must continue to serve the purpose for which it was acquired. Scarborough CPR has identified at least unlawful 12 easements and/or permits granted by the State on those 32 acres that authorized development and non-wildlife uses of the Eastern Trail by individuals, developers, and the Town of Scarborough. The acreage was purchased in 1961, and easements began to be granted in 1962. Federal and State defendants have admitted that the actions violate the Pittman-Robertson Act yet have taken no action to address the problem, and, as recently as June 2011, granted yet another easement on the Trail for access to a private home. It was 2008 when two of the plaintiffs informed Maine IF&W of the invalid easements. Since then, the State and USF&WS have worked together to cover up the problems. A Freedom of Information Act filing in 2009 revealed the extent of that cover up. Despairing of transparent communication, the plaintiffs chose to create Scarborough CPR and go public by filing suit in US District Court of Maine on 7/28/2010. See attachment. Our recent filing is to ensure this suit is considered outside of the state in that the ramifications for the state of Maine if this suit is upheld will be considerable. We are seeking funding to pay the most recent filing costs, and costs for the lawyer to make the oral argument related to this case in December in Boston.
Project Summary
Scarborough Citizens Protecting Resources (CPR) received a grant in 2011 to pay the most recent filing costs and legal representation needed in the suit filed in US Court of Appeals against the US Fish & Wildlife Service to protect the Eastern Trail and the Scarborough Marsh Wildlife Management Area from 12 unlawful easements granted by the state of Maine.
Primary Issue Area:
Land & Water
Please break-down/categorize the program expenses:
| Proposed Item | Estimated $ Amount | Would grant funds be used for this item? | Type Of Expense |
|---|---|---|---|
| Filing Fees for Filing on August 11, 2011 | $620.00 | Yes | Materials |
| 14 hours for attorney (@$125 hr.) to prepare and present oral argument in Boston in December | $1,750.00 | Yes | Materials |
| Mileage for attorney and two to three plaintiffs to attend court in Boston | $130.00 | Yes | Materials |
| Funds already expended by Scarborough CPR for Filing Costs and $2500 as token payment to attorney | $4,303.00 | Materials |
Whom does your group need to make this project happen?
Please explain how your group will engage members from your community in this project.
We have signatures of 127 people on a petition requesting that the Trail not become a town street to access the planned subdivision. The names on the petition were collected after the first suit was filed in July of 2010 after widespread press exposure. At least 12 members of Scarborough CPR wrote affidavits attesting to the importance of the Trail and their use as a part of the initial filing. We use an email list of 100 people to provide updates on the work of Scarborough CPR and to encourage attention to related issues, e.g. better crosswalk marking for access to the Eastern Trail and an upcoming vote by the Town Council on a policy to restrict use of pesticides on town-owned property. This project is only the first for Scarborough CPR. We envision future advocacy that can rely more on grassroots efforts and does not require use of the court system, but we are exceedingly grateful that we had that option in this case.
If your group receives a NEGEF Grow grant, how do you plan to pay for remaining expenses?
| $ Amount | Source |
|---|---|
| $5,000.00 | Private donations |
Please list these materials or services
| $ Amount | Item |
|---|---|
| $37,500.00 | Legal Assistance |
Please describe what changes will occur in your community and its environment when your group's project is successful.
If this suit is successful: The State of Maine will have to follow its own law on the granting of easements on public property. (This law requires a 2/3rds vote of the legislature and the governor's signature. In a phone conversation with a plaintiff months before Scarborough CPR's initial filing in July of 2010, an IF&W representative admitted they had granted too many easements on public lands in the state and they were looking at their practices.) This change will prevent the degradation of properties held in trust for the people of Maine. The US Fish & Wildlife Service will be required to enforce the rule of the Pittman-Robertson (PR) Act that requires USF&WS to make any state that loses management control of PR property provide financial reimbursement or replace the property without using federal funds within three years or be ineligible to receive further federal funding. Attention to and enforcement of this existing rule will help prevent degradation of public lands throughout New England. The many users of the Eastern Trail will not see part of the current Trail be turned into an access road for a 152-unit residential development planned alongside the Trail. In exchange for vehicular access on the Trail, the developer proposed to run a new section of Trail through the development, claiming the development wanted to embrace the Trail. It is our contention that the users do not want to embrace the development in that manner, especially since the developer admitted that there may be buildings, including a convenience store, within 10 feet of the Trail and with no vegetated buffer between the development and the proposed Trail. This section of the Eastern Trail is in one of the fastest-growing communities in Maine. We saw 11% growth between 2000 and 2010. Because of its fine beaches and the Scarborough Marsh, Scarborough also attracts many tourists and birdwatchers who use the Trail. The Trail connects two sections of Scarborough, making the sections easily accessible by bicycle. Without the Trail across Scarborough Marsh, bicyclists would have to ride a 9-mile stretch of busy Route 1. Consequently there are a number of three-season bicycle commuters (and at least one person in a motorized wheelchair) who use the Trail. If Scarborough CPR is successful it will empower a number of people in Scarborough who have felt frustrated and concerned about this degradation of a much-loved resource but who felt either powerless or constrained from speaking out because of public positions.
Please list how many people in your community your group expects to actively engage in this project.
150
What relevant skills does the group need (but does not currently have access to) to help move the initiative forward?
Ability to create and manage Facebook, a website, or Constant Contact. Access to trusted legal advice. (The pro-bono lawyer on this project has contributed many more hours than he or we anticipated would be necessary. It would be unfair in the future to ask for more of his time to advise on other issues.) During our initial efforts on this project in 2008, there was a harmful confidence breach within an environmental law organization. This caused us to keep information close to the vest going forward. It's difficult to raise public awareness and support from that position.
What relevant skills do current members of the group have to help move the initiative forward?
Members of Scarborough CPR include people with many years experience as board members or employees of environmental organizations, and service on town committees. We have skills in networking, communication, public relations, and fund raising. However, some of the people with strong skills desire to keep their involvement in this project anonymous because of their connections with other organizations that do not have advocacy as a part of their mission or their relationship with the defendants. That should be less of a concern with other projects in the future. However, because of the concern about anonymity, fund raising has been a challenge because trusted solicitors are constrained from making requests and because this project is complicated and has a long history. Informing a potential donor of the issue and legal situation can require a two-hour conversation.