Liberty Matters News Service

October 10, 2001

New Farm Bill, Mr. Green Jeans

The House of Representatives voted 291-120 on Friday for a 10-year, $170 billion Farm Bill that provides more subsidies for the usual farm interests, but will not include $1.9 billion for expanded conservation projects proposed by Rep. Sherwood Boehlert, R-NY and Rep. Ron Kind, D-WI, who wanted to boost conservation spending to $5.4 billion.  Ag. Chairman, Larry Combest, R-TX, opposed the amendment and ranking member Charles Stemholm (TX) said that “[T]his is the greenest Farm Bill that has ever passed this Congress.”  Tom Osborn R-NE said: “We don’t need the federal government controlling more land.”  The Bush administration had urged Congress to put off approving the huge spending bill until the government could fully assess the economic situation resulting from September 11’s tragic events, but farm-state Democrats facing re-election decided to go ahead, hoping to favorably impress powerful farm interests.
House Refuses to Shift Farm-Bill Funds 
House Rejects Conservation Shift in Farming Bill

Federal Judge:  Coho Salmon Not Endangered

An Oregon federal judge ruled the National Marine Fisheries claim that Alsea hatchery-raised coho salmon are genetically inferior to wild coho salmon is an ‘arbitrary and capricious’ distinction.  District Judge Michael Hogan threw out the NMFS listing of the coho salmon under the ESA and stripped away federal protections and the civil and criminal penalties for harming them.   The lawsuit was brought by the Alsea Valley Alliance who charged that the Service had directed the Oregon Fish and Wildlife Service to slaughter thousands of hatchery-spawned salmon and millions of their eggs in the Alsea River basin between 1997 and 1999, claiming they were a threat to the genetic purity of the “wild salmon.”  “The judge’s decision paves the way for a thorough re-examination of the Oregon coho listing.  If the thousands of hatchery-spawned coho had been counted originally, their significant numbers would have called into question the need for listing Oregon coho as a ‘threatened species’ in the first place,” said an attorney for the plaintiffs.  Despite the judge’s ruling, Oregon’s Fish and Wildlife plan to continue the practice of clubbing to death returning hatchery coho salmon.  An attorney in Governor Kitzhaber’s office angrily responded to criticism of the practice;  “What do they think, that we can just let the [hatchery-bred] fish swim free in the wild?  No way!”  A spokesman for the environmentalists explained:  “The Endangered Species Act protects the habitats on which fish and wildlife depend.  This ruling could result in the absurd situation where wild salmon are allowed to go extinct due to habitat destruction while we protect hatchery stocks and their concrete pools.”
Hatchery Clubbing to Resume This Fall
Oregon Ruling Challenges Restoring of Salmon

Austin District Judge Sides With Cave Bugs

U.S. District Judge Sam Sparks of Austin last month sided with cave bugs over a landowner upholding the constitutionality of the Endangered Species Act.  Fred Purcell assisted by The American Land Foundation filed GDF Realty Investments, Inc. v. Gale Norton challenging the statute claiming that because of the cave bugs, U.S. Fish and Wildlife Service has denied Fred a permit for over 14 years preventing him from using his land.  The plaintiff’s premise stems directly from recent U.S. Supreme Court decisions that make it clear if an activity has no commercial value or interstate commerce implications, the federal government does not have the authority to regulate the activity.  Cave bugs have no commercial value and are not traded in interstate commerce, but the judge seems to think the ESA regulates development.  The case is now on its way to the Fifth Circuit Court of Appeals in New Orleans where the Supreme Court test for challenging U.S. statutes was created.  
ESA Challenge Moves to Fifth Circuit

Property Owners Triumph Over ESA

On September 19th, US District Judge Susan R. Bolton, in Arizona, set aside designation of the critical habitat for the pygmy owl, opening the way for private property owners to use their property without federal permits.  The National Association of Home Builders and Southern Arizona Home Builders filed suit requesting the Court set aside the listing of the pygmy owl as endangered and the designation of critical Habitat because the agency had failed to conduct an economic analysis and other impacts, violating Section 4 of the ESA.  The court agreed on both counts and instead of simply remanding the listing for reconsideration back to the agency, the court ruled the designation was arbitrary and capricious and set the rule aside.  In similar ESA cases, the courts usually allow the critical habitat designation to stand while review of the listing occurs.  Now the Fish & Wildlife Service must start their listing process again, from the beginning.

CARA: The Unraveling of a Free Nation

If you haven’t received or read Fred Kelly Grant’s report on H.R. 701, the Conservation and Reinvestment Act, you can still order your copy by calling 1-800-847-0227.  Bound copies are $5 a piece or $3.50 for three or more, plus shipping and handling.  You can also obtain a copy by logging onto our website at www.libertymatters.org.  Fred’s report reveals the absolute pitfalls of the legislation and proves how it will be used to destroy private property in America.