Forest list archive: msg00003

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Re: Agencies Defy Court Order to Avoid Wildlife Protection



I know the reason why the USFWS is dragging their feet.

SEE:  Sweet Home Chapter of Communities for a Great Oregon
				v.
		Bruce BABBITT, Secretary of the Interior
---------------------------------------------------------------------
This case was Decided on July 23, 1993, and then denied on May 2, 1994.

The US Court of Appeals, District of Columbia Circuit, denied the US Fish and
Wildlife Service to use its expansive definition of "harm" to include "habitat
modifications."  To "harm" an endangered species is to "take", which is in
violation of the Endangered Species Act.

If the USFWS pursues its expansive definition of "harm" in other locations
(i.e. Arizona, NM) they might lose their muscle in requiring the forest
industry to avoid habitat modifications on private lands.

Ruling on the Sweet Home Case:  

The Court of Appeals, per curiam, held that
regulation defining "harm" to an endangered species to include 
...habitat modification... did NOT violate the Endangered Species Act.

Next Stop, THE US SUPREME COURT !!!

To the extremist:  There are already enough regulations on the books to
protect most threatened or endangered species.  You continue crying that
"it isn't enough."  If things keep going the way they are... We may lose
the regulations that we have NOW.

					Sincerly,

					A Practical Environmentalist  
 






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