Forest list archive: msg00005

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Re: USFWS dragging their feet w/ spotted owl




> From: Steve Meyers <meyers@Forestry.Auburn.EDU>
> Subject: Re: Agencies Defy Court Order to Avoid Wildlife Protection
> To: Robin Silver <silver@indirect.com> please send to your list, Robin
> //////////////////////////////////////////////////////////////////////
This in responce to a previous message by Robin Silver:

> 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 U.S. 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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