Forest list archive: msg00074

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Re: Agencies Defy Court Order to Avoid Wildlife Protection



Steve...

FYI...

In the last few years, in the Southwest, besides violating the law to 
avoid protecting the Mexican spotted owl, the Fish and Wildlife Service 
has broken the law to avoid protection of the Mt. Graham red squirrel, 
the Northern goshawk, loach minnow, spikedace, cactus ferruginous pygmy 
owl, Huachuca water umbel, ladies' tresses orchid, Huachuca tiger 
salamander, razorback sucker, Gila topminnow, desert pupfish, and 
southwestern willow flycatcher. (These are all of the specific examples 
that I can think of at this late hour.)

The FWS drags there feet and continues to break the law because they 
never have enforced the ESA.  All the while they were violating the 
law instead of enforcing it, what is just as bad is 
that they have done a horrible job of educating the public concerning the 
reasons that species need protection in the first place.

In the Southwest, the FWS has cared only that they would insult 
consumptive industries.  They do not deserve the mission of stewardship 
of anything except their short term career goals.

Robin

On Wed, 30 Nov 1994, Steve Meyers wrote:

> 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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