Our Appeal of the MLPA Initiative's “Motion to Quash” Continued

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Our Appeal of the MLPA Initiative's “Motion to Quash” Continued

by David Gurney

The Marine Life Protection Act (MLPA) "Initiative" to create "marine protected areas" off the California has argued that their privately funded “Public-Private Partnership” is immune from legal accountability. But this argument is not in alignment with truth – or the facts – for a number of reasons.

Like fuddled servants complimenting the emperor on his new clothes, MLPAI officials have claimed in legal documents that “the MLPAI ‘Initiative’ was not recognized as a legal entity…. is not an association at all, and it has no members or officers.”

The MLPA "Initiative" was in fact a large, highly organized group – with officers, a steering committee, regular meetings, payroll arrangements, email lists, etc. – that was funded by tens of millions of dollars of money from private corporations and state tax dollars.

This large staff of the MLPAI referred to itself, and fellow members, as part of a so-called “I-Team.”

This “I-Team” consisted of some 20 California Department of Fish and Game and State Parks employees, as well as an additional 20 “private contractors.” All members of this approximately 40-member organization were paid with tens of millions of private dollars, funneled through dubious channels and mixed in with tax dollars at the State Capitol.

The generous coffers of private billionaires – the “one-per-centers” who funded the MLPAI “Initiative” – are managed by the so-called “Resources Legacy Fund Foundation” (RLFF).

The RLFF is a secretive organization that shields the identities of these billionaire contributors. It is the “private” side of the MLPAI’s “public-private partnership.”

In these times of economic downturn, “public/private partnerships” are being formed to finance and “facilitate” government agencies, who then determine outcomes on public policy, and public resources issues.

But so far, the problem of undue influence and corruption on a democratic government, by private money directly funding and implementing the law, has not been addressed.

During their so-called “process,” MLPAI “I-Team” members routinely and openly stated that “grants” were available to any person, organization, or local government agency willing to co-operate with the “Initiative.” Schemes were hatched, large and small, to milk money from the billionaire backers of the MLPAI.

Most importantly, the MLPAI and their RLFF funders had more than an “idea” or “project” in mind. They were in fact carrying out their own interpretation of the Marine Life Protection Act – a law passed by the Californai Legislature in 1999 to create a network of "marine protected areas" off the California coast.

As a group carrying out the implementation of the law, the MLPAI organization was involved in governmental action at the highest level. This includes levels of law far beyond the scope of their jurisdiction – namely the interpretation of civil rights law, and federal level negotiations with federally recognized Native American tribes.

In the MLPAI’s legal submission for the “motion to quash,” MLPAI Program Manager Melissa Miller-Henson falsely claims that, quote, “the MLPAI ‘Initiative’ is part of a partnership that’s responsible for a program – the Marine Life Protection Act Initiative – but the Initiative itself is just the name for a program, and not an agency or legal entity that can be sued.”

But the “Initiative” was certainly a lot more than “the name for a program.”

And the MLPA “Initiative” certainly is a legal entity – a legal entity that can be, and is being – sued.

The MLPAI employed state employees and private contractors, they had officers, a steering committed and regularly held strategy sessions. Referring to themselves as the “I-Team,” they took on the important goal of implementing a state law – one of the most important tasks that any group or legal entity can possibly engage in.

It is therefore certain – and inevitable – that the MLPA “Initiative” can, and will be held legally accountable.