Liberty Matters News Service
December 10, 2002
R.I.P.
S. 990
Supporters
of S. 990, the American Wildlife Enhancement Act of 2001, failed
miserably in their attempts to slip the legislation through the cracks
in the waning hours of the 107th Congress, thanks to the
efforts of thousands of property rights activists, which lobbyist Mike
Hardiman called “a genuine grassroots revolution---spontaneous
combustion from the bottom up.” Proponents
of S. 990 had planned to approve the measure by unanimous consent, a
tactic the Senate used to push it through last December and a move that
was repeated under the guidance of retiring House Resource Chairman Jim
Hansen (R-UT), moments before the House recessed for 2002.
Although time was short, one anonymous senator placed the
“hold” on the bill that sent it into oblivion.
If adopted, S.990 would have provided funding for various
programs that could negatively impact private property and would greatly
expand the reach of the hated Endangered Species Act by inventing a new
category of concern, “species at risk,” as well as increase the
government’s ability to seize and condemn private property and give
grant money to environmental groups to help hasten the extinction of
landowners. Once
Americans were given a voice on the issue it stood no chance, something
that was well understood by S.990’s supporters.
Senator Places
Hold on ESA Bill
Supreme
Court to Decide Wetlands Issue
The
Supreme Court will decide whether farmers have the right to plow their
land without interference from the federal government.
The Court will determine if dirt can be considered a
“pollutant” under the Clean Water Act (CWA), allowing the Army Corps
of Engineers and the EPA to require farmers, developers and others to
get a permit for activities that alter a wetland without directly adding
an outside pollutant to the waterway.
The 9th Circuit Court of Appeals decided in August
2001, that California rancher Angel Tsakopoulos violated the CWA when he
used a “deep ripping” technique to convert some of his property to
vineyards and orchards, upholding the government’s ability to classify
redeposited dirt as a pollutant and to exclude “deep ripping” from
normal farm practices. Patrick
Parenteau, law professor at Vermont Law School predicts the court will
not have the votes to overturn the 9th Circuit’s ruling
because Justice Anthony Kennedy has recused himself.
Without Kennedy there could be a 4-4 tie, based on another
wetlands case, Solid Waste
Agencies of Northern Cook County vs. the Corps of Engineers, in
which Kennedy voted with the majority, 5-4, that the government cannot
regulate isolated wetlands. California
Farm Bureau officials worry that if the 9th Circuit decision
stands, farmers will have to apply for a 404 permit every time they
attempt to plow their land.
Opinion
– Clean Water Act
Nearly Half of Earth
Still Uninhabited
A
recent analysis of global wilderness areas produced the surprising
conclusion that 46 per cent of the Earth is largely uninhabited,
occupied by only 2.4 per cent of the world’s population.
The study, conducted by over 200 scientists led by Conservation
International, found that the “wilderness areas” encompassed “ a
landmass equivalent to the six largest countries on Earth
combined---Russia, Canada, China, United States, Brazil and Australia,
but have within them the population of only three large cities,” said
Russell Mittermeier, a primatologist and president of Conservation
International. The
report was welcome news to Western Republican lawmakers.
“Clearly this report debunks the sky is falling when it comes
to protecting our environment…I am always pleased when sound science
and research defeats liberal political science and hyperbole…” said
Rep. Scott McInnis (R-CO), chairman of the House Resources Subcommittee
on Forests and Forest Health. Calling it a ‘sad day’ for environmentalists, Rep. George
Radanovich (R-CA), said: “I guess the world isn’t coming to an end
after all. Send Greenpeace
and the Sierra Club my condolences.”
Study
Says Nearly Half of Earth Uninhabited
Critical Habitat Bugs Landowners
A
new federal report estimates it will cost $22.1 million to preserve
habitat for bugs and spiders that live exclusively in Bexar County,
Texas caves. U.S. Fish and
Wildlife is proposing 9,516 acres as critical habitat for the critters,
claiming they are essential to the well-being of the Edwards Aquifer.
The $22.1 million is what it is estimated to pay for the land,
but Gene Dawson Jr., president of Pape Dawson Engineering says he thinks
the cost will far exceed their estimation.
However, the government will attempt to keep their costs down by
trying to get as many landowners as possible to sign conservation
easements and set aside land for preserves.
This method forces landowners to shoulder the burden of the costs
and hire consultants to help obtain necessary federal permits to develop
their own property. The
comment period closes December 23, 2002. Send your comments to: Renne
Lohoefener, Texas State Administrator, Austin Ecological Services, Field
Office, U.S. Fish & Wildlife Service, 10711 Burnett Rd., Suite 200,
Austin, TX 78758. And, in
another situation involving cave bugs, GDF
Realty v. Gale Norton is attempting to find the “take” provision
of the Endangered Species Act unconstitutional.
Oral argument was heard before the Fifth Circuit Court of Appeals
in November and a decision is expected in early spring.
In that case, six listed bugs in a dozen sinkholes have held up
development of 116 acres for over 15 years.
Land
for Critters May Cost Plenty
Fish and
Wildlife Service Proposed Regulation