Liberty Matters News Service
May 22, 2001
Three recent court
decisions have aided landowners over the Endangered Species Act.
Liberty Matters reported on the Tulare case last News Service (Faxback
Doc. #2045) where the U.S. Federal Claims Court judge ruled that “the
federal government is certainly free to preserve the fish; it must
simply pay for the water it takes to do so.”
By a vote of 3-0, the 10th Circuit Court of Appeals on
May 11 rejected the U.S. Fish and Wildlife Service’s critical habitat
designation for the Southwestern Willow Flycatcher, saying they now have
to issue a new critical habitat designation that takes economic
ramifications into account. The
judge said of the listing: “The
record in this case suggests that the impact will be immediate and the
consequences could be disastrous.”
Sam Sparks, federal District Judge from Austin, Texas, also ruled
in a constitutional challenge of the ESA against the federal government
by denying their motion to dismiss, granting jurisdiction and standing
to the plaintiff Fred Purcell, and stating that plaintiffs do not have
to exhaust all administrative appeals “because it does not appear the
FWS may determine the constitutionality of a federal statute.”
Western
Livestock Journal -ESA
ESA Press Release
On May 10th,
Judge Edward J. Lodge in Idaho signed a preliminary injunction
preventing the Forest Service from implementing the Roadless Area Rule
created by Clinton and adopted by Bush.
The judge had delayed ruling in April because the Bush
administration “committed to the Court” that it would issue a May 4th
report setting forth an amendment process, which could moot the issues.
In his ruling, Judge Lodge found that the “Government’s vague
commitment to proposed amendments” corroborated existence of fatal
flaws in the process by which the Rule was issued.
Disregarding the amendment process proposed by the Government,
the Court concluded that “A band-aid approach to something this
controversial may mask or obscure the symptoms for political purposes
but does not address the ‘hard look’ analysis for a cure as required
by NEPA…” The Injunction will remain in place pending trial of the
challenges to the Rule filed by a consortium of grazing, timber,
recreation, Native American and local government interests.
Lodges Roadless Decision (pdf)
Has-Beens in
the News
Three old faces
are back in the news this month. Two
former Clinton administration members reinforced their liberal
environmental backgrounds by aligning themselves with major conservation
organizations. Jaime
Rappaport Clark has joined the National Wildlife Federation as senior
vice president for conservation programs in charge of working with the
new administration to keep money flowing for more conservation programs.
President Bush has stated numerous times he favors full funding
of the Land and Water Conservation Fund, so Clark may not face much
opposition. Carol Browner,
former head of the Environmental Protection Agency, was elected to the
National Audubon Society’s board of directors.
Audubon president and CEO, John Flicker, stated that Ms.
Browner’s “skills will be indispensable in Audubon’s goal of
developing 1,000 nature centers by the year 2020.” And, aging film
star Robert Redford had harsh words for Interior Secretary Gale Norton
in a May 10th letter. “Sadly,
since assuming the Interior Secretary post, you have compiled an abysmal
record of capitulating to big businesses at the expense of the
nation’s public health, public lands, and wildlife.” Redford
declined an invitation to attend a press event celebrating the release
of a California condor. “It was hardly an ‘Indecent Proposal’ for
Mr. Redford to spend an afternoon with ‘Ordinary
People’...Unfortunately, Mr. ‘Three Days of the Condor’ flew the
coop,” said an Interior spokesman.
Fish
& Wildlife Service Head Joins NWF
Carol M. Browner Elected To The Audubon
Board of Directors
In an effort to accelerate the building of electrical power lines, the Bush energy task force has recommended legislation calling for the seizure of private property for public use. Vice President Cheney said he would recommend the Federal Energy Regulatory Commission be granted the ‘same authority on electrical transmission lines’ as the government has on gas lines.
Once again,
government uses a “crisis” to delegate more power to itself and take
more freedom from it citizens.
Bush
Would Allow Property Seizures for Power Lines