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Feds Must Retract “Mouse Habitat” Rule That Bars Hurricane Victims from Rebuilding &#821
Pacific Legal Foundation ^ | July 19, 2007 | Pacific Legal/Valerie Fernandez

Posted on 07/19/2007 9:37:07 AM PDT by republicpictures

KEY, FLORIDA; July 19, 2007: Federal officials must retract and reconsider their designation of thousands of acres in Florida and Alabama as additional “critical habitat” for the Perdido Key beach mouse – or face a lawsuit. So warns a formal letter mailed to the United States Fish and Wildlife Service last night by attorneys with Pacific Legal Foundation’s Atlantic Center.

The PLF-Atlantic Center lawyers represent Florida property owners who have been unable to rebuild after their homes were destroyed by 2004’s Hurricane Ivan, because of new government land use restrictions to “protect” mice. The letter sent yesterday constitutes the “60 day notice” that plaintiffs must provide before challenging federal endangered species regulations. If federal officials do not comply with the letter’s request, the property owners plan to file a lawsuit in two months.

Last October, federal wildlife officials designated 6,200 acres in coastal Alabama and the Florida Panhandle as additional “critical habitat” for three mice, including the Perdido Key beach mouse, that have been listed under the Endangered Species Act. In setting aside acreage for the Perdido Key beach mouse (in Escambia County, Florida, and Baldwin County, Alabama), “the feds didn’t do the necessary due diligence,” charged Valerie Fernandez, managing attorney with the PLF Atlantic Center, headquartered in Stuart, Florida. “Under the ESA, regulators have clear-cut research responsibilities before they can set aside land as critical habitat for a species. Those duties were not fulfilled in this case. They didn’t identify the specific biological factors that are crucial for the mouse’s survival. They didn’t adequately determine or explain why they chose the specific areas they targeted for ‘habitat.’ Finally, they didn’t evaluate the economic impacts of their action.”

“In short, they ordered a ‘freeze’ on thousands of acres – harming hundreds of homeowners and other property owners – on the basis of slipshod scientific work,” Fernandez continued. “This is why we’re on strong legal ground – and why the feds are staring at a lawsuit if they don’t admit their mistake and go back to the drawing board.”

Fernandez’s clients include Paul Fisher, whose home on Perdido Key off the Florida Panhandle was devastated by Ivan, a strong Category 3 hurricane. Other Perdido Key property owners represented by Fernandez have banded together as Perdido Property Rights, Inc.

“What’s especially outrageous is that federal officials targeted my clients’ home sites as ‘critical habitat’ after their homes were destroyed by Ivan, even though there is no evidence of beach mouse presence there” said Fernandez. “So the government took advantage of a tragedy to essentially confiscate these people’s property. I say ‘confiscate,’ because the homeowners can’t rebuild as long as the feds say their land is needed for mice.”

Pacific Legal Foundation litigates nationwide to compel federal officials to follow the ESA’s own guidelines when listing and regulating species and habitat. Last week, ruling in a PLF case, a federal judge ordered the federal government to finally conduct mandatory reviews of 89 listed species in the Sunshine State. And in late June, federal officials finally released the North American bald eagle from the Endangered Species Act list – nearly a decade after it had been pronounced “recovered” – in response to a lawsuit won by PLF in federal court.


TOPICS: News/Current Events
KEYWORDS: endangeredspecies; mice; perdidokey
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1 posted on 07/19/2007 9:37:09 AM PDT by republicpictures
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To: republicpictures

Where in the Constitution does it say anything about the federal government protecting animals? I didn’t think so.
It’s time to dust off the too-long neglected Tenth Amendment before this oppressive government steals more property from its citizens.


2 posted on 07/19/2007 9:41:18 AM PDT by kittymyrib
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To: republicpictures

The mice would be happier munching on Cap’n Crunch cereal inside these folks’ newly built pantries than scrounging the beach at meal time.


3 posted on 07/19/2007 9:42:36 AM PDT by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: republicpictures

Envirowackos are a cancer.


4 posted on 07/19/2007 9:45:18 AM PDT by TChris (The Republican Party is merely the Democrat Party's "away" jersey - Vox Day)
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To: republicpictures
Cute little fella

"Help me! Help me! Snakes, Hawks, Humans -- Stop The Hate! "

5 posted on 07/19/2007 9:46:38 AM PDT by TexasCajun
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To: republicpictures

The eroding of the Eminent Domain protection from government and the laws to protect “wetlands” and various obscure species of animals, insects, and plants are just creeping government control over everything we do. They destroy one of the keys to freedom and democracy - private property.

National Healthcare can lead to their control over what we eat, how much we exercise and other lifestyle choices that can be related to health, which is all of them. NHC will allow the government to control our lives.

Global Warming is a ruse to control all manufacturing and economic activity in the USA.

Both are key programs for the left/Democrats.


6 posted on 07/19/2007 9:51:45 AM PDT by Mind-numbed Robot (Not all that needs to be done, needs to be done by the government.)
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To: republicpictures
Darn Mice!

7 posted on 07/19/2007 9:59:12 AM PDT by ricks_place
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To: republicpictures
Of course, if the folks re-build, they’ll be wanting more taxpayer money when they get hit by the next hurricane. The little mice may be saving the taxpayers much money in the long run.
8 posted on 07/19/2007 9:59:55 AM PDT by PAR35
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To: PAR35

Where did you read that these people have asked for federal aid in rebuilding or for any other purpose? I’ve been following stories on the situation, and I thought I heard that they weren’t getting any federal money, and weren’t asking for any. All I have heard is that they are getting shafted by the federal government, in favor of mice (that might or might not even be resident in the area). If you’ve heard something different, let me know.


9 posted on 07/19/2007 10:05:34 AM PDT by republicpictures
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To: ricks_place

That’s a mouse? Biggest thing I’ve ever seen. Or am I falling for a hoax?


10 posted on 07/19/2007 10:06:47 AM PDT by republicpictures
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To: republicpictures

Sorry, fake rat!


11 posted on 07/19/2007 10:08:50 AM PDT by ricks_place
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To: republicpictures

There was another hurricane besides Katrina???


12 posted on 07/19/2007 10:10:46 AM PDT by <1/1,000,000th%
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To: ricks_place

That’s a democRat.


13 posted on 07/19/2007 10:14:27 AM PDT by Fresh Wind (Without the fence, deporting illegals is like shoveling water.)
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To: republicpictures

Bump


14 posted on 07/19/2007 10:20:26 AM PDT by Tennessee Nana
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To: kittymyrib; Grampa Dave; calcowgirl; SierraWasp; Carry_Okie; Ernest_at_the_Beach; NormsRevenge; ...
--- Where in the Constitution does it say anything about the federal government protecting animals? I didn’t think so. It’s time to dust off the too-long neglected Tenth Amendment before this oppressive government steals more property from its citizens.---

Hear, hear!

15 posted on 07/19/2007 10:20:50 AM PDT by republicpictures
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To: republicpictures

“September 9, 2005

ORLANDO, Fla. — A year after Ivan made landfall as a category 4 hurricane, more than $1.4 billion in federal and state disaster assistance has been approved for individuals and communities in Florida’s 15 hardest-hit Panhandle counties.

...

After Hurricane Ivan, more than 138,500 residents of Florida’s 15 westernmost counties applied for federal and state aid.

...

U.S. Small Business Administration (SBA) loans to homeowners, renters and businesses that sustained uninsured or underinsured damage or loss because of the disasters are also taken into account. For Ivan, loans total more than $603 million.”

71.73% of the households in Escambia County, Fla, applied for federal aid.


16 posted on 07/19/2007 10:26:50 AM PDT by PAR35
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To: PAR35

“Of course, if the folks re-build, they’ll be wanting more taxpayer money when they get hit by the next hurricane.”

I was thinking the same thing...but even more broadly, it annoys me that people build on sand, and then want somebody else to pay for making sure the sand and house are replaced if nature moves either somewhere else. What I’d like to see is for the taxpayers (via their regulatory agencies) to tell beachfront owners, “OK, the mice are on their own — but so are you.”


17 posted on 07/19/2007 10:30:33 AM PDT by Clioman
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To: Fresh Wind

I prefer to call them: Demonrats.


18 posted on 07/19/2007 10:32:48 AM PDT by killermosquito (Buffalo (and eventually France) is what you get when liberalism runs its course.)
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To: TexasCajun

I bet my corn snake would love those. :)


19 posted on 07/19/2007 10:59:22 AM PDT by untrained skeptic
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To: republicpictures

“Last October, federal wildlife officials designated 6,200 acres in coastal Alabama and the Florida Panhandle as additional “critical habitat” for three mice”

This is just an attempt by federal officials to look out for their own kind.


20 posted on 07/19/2007 11:22:58 AM PDT by Revel
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