Liberty
Matters News Service
June 18, 2003
Tenth Circuit Upholds Silvery Minnow Ruling
The
Tenth Circuit Court of Appeals in Denver has affirmed an earlier ruling "that
said federal water managers can take water from cities and farmers, who have
contracted for it, when it's needed to help the endangered Rio Grande minnow."
An angry Governor Bill Richardson took aim at the Endangered Species Act, which
he said must be "more flexible and reasonable. It's got to deal with broad
ecosystems, not very specific issues relating to one species…adjusted to
reality and modernized, adjusted to not pit people against fish." New Mexico's
congressional delegation promised to seek relief from the ruling. Republican
Sen. Pete Domenici said he would try to amend the ESA "in a way that would
change the law so (the ruling) would not apply." Environmentalists are
back-pedaling furiously to defuse the anger. John Horning, executive director
of Forest Guardians said; "It mischaracterizes the Endangered Species Act to
say all we care about is a silvery minnow." Area farmers planted crops in
anticipation of sufficient water and "[N]ow they're sunk," said Charles Dumar,
attorney for the water conservancy district. Conservancy district chief
engineer, Subhas Shah, said the district would appeal the decision and further,
"file a property rights takings claim with the U.S. Court of Claims on behalf
of the farmers."
Chávez Blasts Minnow
Ruling
Endangered Silvery Minnow
Ruling Uphold
Gov. To Meet Interior
Chief On Minnow Ruling
Green Peace Founder Addresses House Resource Committee
Dr. Patrick Moore told House
Resource Committee members last week, that the President's Healthy Forests
Restoration Act is a sensible plan to eliminate disease and insect infestation
that have led to the deadly fires that ravaged our forests in recent years. Dr.
Moore founded the radical environmental organization, Green Peace, but became
disgusted with its confrontational attitude and reliance on shrill negative
rhetoric to advance its causes at the expense of sound scientific data. He left
the organization to start a new one, Greenspirit, that "espouses active,
scientific management to sustain and conserve our national forests," which he
likens to gardens that must be cultivated in order for them to thrive. Chairman
Richard Pombo, R-CA, praised Dr. Moore, calling his remarks a "breath of fresh
air. When a founding member of Greenpeace tells you that today's so-called
environmental organizations have abandoned science and logic for zero-tolerance
extremism, it carries a lot of weight." Moore said it is very important to
focus on the causes of forest fires and to work to prevent the conditions that
start them. "I see fighting wildfire as a last resort," he said. "Preventing
them is useful work" in protecting the environment.
A
Healthy Perspective On Forest Management
Montana Group Files Suit Against U.S. Government
Montanans for Multiple Use,
(MFMU) fed up with the continuing actions of government agencies to close the
forests to multiple uses, have filed a lawsuit against the U.S. Department of
Agriculture, U.S. Forest Service and other agencies. The group complains that
environmentalists have abused the Equal Access to Justice Act (EAJA) to file
endless suits that have stopped normal and reasonable management of the
national forests. Under provisions of the EAJA, the non-profit groups do not
have to stand the cost of their frivolous suits if they lose, but the
government pays through the nose if they win. Example: "Friends of the
Bitterroot were paid nearly a quarter million dollars to block 90% of the
planned timber salvage on only 10% of the burned area." MFMU charges that the
U.S. Forest Service has failed to fulfill its duties and instead have passed
its "management responsibilities to the U.S. Fish and Wildlife Service,
activist extremist environmental groups, and the courts." Plaintiffs fully
expect to succeed and hope the lawsuit will serve as a beacon to guide other
citizens who are fed up with forest management by extreme preservationists and
further hope "Congress will finally realize that the Equal Access to Justice
Act and the Endangered Species Act must be reformed…"
Montanans For
Multiple Use
Congress Dreams Up Another Land Grab
Rep. Joel Hefley, (R-CO) has
introduced legislation that could prove troublesome for private property
owners. The National Heritage Areas program (H.R. 1427) is being promoted as an
easy way for state and local governments to protect areas that are deemed to be
of historical importance. The bait is the enticement of "free" government
money, but once the money is accepted the hook is set and the locals must abide
by federal demands. The demands include strict land use regulations and zoning
mandates, which, ironically, are the function of local government. National
Heritage Areas legislation was defeated several years ago when Clinton and Gore
were in office and the Democrats dominated Congress. It is inconceivable now
that the Republicans would resurrect a program that socializes land use and
controls vast areas of private property. The National Heritage Areas program
and H.R. 1427, does not carry a guarantee that local landowners will be
notified if their land is being considered for inclusion in a federal heritage
area, which should be a warning that property rights will be trampled. At
present, H.R. 1427 has no co-sponsors and it is not clear when it will see
action. Sources tell us that a Senate companion bill is being drafted, but has
not been filed as of this date. Clearly, this is not a bill that should ever
have been filed by this Congress, nor should it ever see the light of day.
Updates to follow…
The Great National Land Grab