Judge OKs Rule That May Endanger Species

AP via SFGate ^ | 8/31/7 | JOHN HEILPRIN, Associated Press Writer

[SmithL]

WASHINGTON (AP) -- A federal judge has upheld the government's practice of allowing development to proceed even if it is discovered after a project begins that the work could endanger protected species.

The National Association of Home Builders praised the ruling Friday, saying its members might have had to delay some projects if U.S. District Judge Emmet G. Sullivan had not agreed with the "no surprises" approach to development.

"The vast majority of endangered species exist on private property, and there is no way to protect endangered species unless sufficient incentives are given to private landowners," said Duane Desiderio, the trade group's vice president for legal affairs.

The case affects a pair of rules which allow landowners and developers to obtain a permit that lets them off the hook for incidentally killing, injuring or harassing rare animals, and damaging or killing rare plants. Development projects must be accompanied by a plan for addressing protections for the natural places where plants and animals live.

But the government reserves the right to revoke a permit if killing a plant or animal makes it more likely the species will go extinct in the wild.

Environmental groups that had sued the government to overturn the two rules expressed disappointment Friday but said they had not yet decided whether to appeal Sullivan's ruling. On Thursday, he found the two rules consistent with federal laws, including the Endangered Species Act.

Sullivan also wrote that "it is appropriate for the court to presume" that the government will protect endangered species, despite issuing 379 permits authorizing the killing of rare plants and animals between 1994 and 2002.

"We're very disappointed," said Leeona Klippstein, executive director of the California-based Spirit of the Sage Council,

[SmithL]

Sullivan, Emmet G.

Born 1947 in Washington, DC

Federal Judicial Service:
Judge, U. S. District Court for the District of Columbia
Nominated by William J. Clinton on March 22, 1994, to a seat vacated by Louis F. Oberdorfer; Confirmed by the Senate on June 15, 1994, and received commission on June 16, 1994.

Education:
Howard University, B.A., 1968

Howard University School of Law, J.D., 1971

Professional Career:
Law clerk, Neighborhood Legal Services Program, Washington, DC, 1971-1972
Law clerk, Hon. James Washington, Superior Court of the District of Columbia, 1972-1973
Private practice, Washington, DC, 1974-1984
Associate judge, Superior Court of the District of Columbia, 1984-1992
Associate judge, District of Columbia Court of Appeals, 1992-1994

Race or Ethnicity: African American

Gender: Male

[econjack]

My understanding is that Canadian geese were placed on the endangered species list in the 1980’s. Now, they’re like flying rats, rendering sidewalks in my addition unusable. I've even heard stories about people walking near the bank of a lake and sliding into the lake because of the goose crap on their lawns. How does one go about removing a species from the endangered list?

[the invisib1e hand]

California-based Spirit of the Sage Council

Oy...the children of the weird are truly scary.

[vetsvette]

“How does one go about removing a species from the endangered list?”

Actually that happened for the first time this year with the Bald Eagle. The tree huggers fought it every step of the way, but it finally happened. Not to worry, there are only 1300 “endangered species” to go.

[L98Fiero]

“How does one go about removing a species from the endangered list?”

Make it extinct.

[taxesareforever]

Looks like the enviromental wackos went judge shopping and got shoplifted. :)

[COBOL2Java]

Oy...the children of the weird are truly scary.

They're calling this a victory?:

According to Leeona Klippstein, Executive Director of the lead plaintiff, Spirit of the Sage Council, which was led the fight on No Surprises for ten years, “this ruling is a huge victory for imperilled animals and plants, as well as the public’s basic right to have a say in how public resources are managed. . . . . ”

[econjack]

“How does one go about removing a species from the endangered list?”

Make it extinct.

Duuooo! Now there's an idea!

[Jack Hammer]

Now if only someone on some judicial bench somewhere will allow the navy to practice its antisubmarine warfare off the California coast...

[Uncle Hal]

What a biased headline.The headline could just as well said: “judge ruling may save human lives.” The MSM has no shame.

[jcparks]

S
S
S

[Hacksaw]

What a biased headline.The headline could just as well said: “judge ruling may save human lives.” The MSM has no shame.

Associated Press. It's par for them.

[Atchafalaya]

Roast’em in the oven at 350 degrees.

[Gondring]

My understanding is that Canadian geese were placed on the endangered species list in the 1980’s. Now, they’re like flying rats, rendering sidewalks in my addition unusable. I've even heard stories about people walking near the bank of a lake and sliding into the lake because of the goose crap on their lawns. How does one go about removing a species from the endangered list?

One of the problems with Canada (not "Canadian") Geese is that some of them have become non-migratory and have taken up year-round residence in business parks, etc. I love how the NJDEP (New Jersey Dept of Env. Prot.) has to issue guidance on how to control populations of this "endangered species."

Several species have been delisted from the Endangered Species list, from the Mexican Duck in 1978 (the data used to put it onto the list were erroneous) to the present...and unfortunately, 7 or so (last I had checked) had been removed because they were extinct, but about the same number had recovered in population and had been removed, including the Aleutian Canada Goose in 2001.

The Fish and Wildlife Service handles delisting procedures. There's a flowchart to follow, and I'd go get the link if my 'puter weren't about to crash. Maybe I'll post after a reboot.

[Gondring]

Now if only someone on some judicial bench somewhere will allow the navy to practice its antisubmarine warfare off the California coast...

http://www.freerepublic.com/focus/f-news/1889463/posts

Appeals court OKs Navy use of sonar

The Navy can use high-power sonar during exercises off the Southern California coast, despite the technology's threat to whales and other marine mammals, a federal appeals court ruled Friday. [...]

[Gondring]

This should give you the info...
http://www.fws.gov/endangered/recovery/index.html

[isom35]

but what if it tastes good? I’d miss it then... :(

[Old Professer]

Spirit of the Sage; as in brush, or wise man?

[econjack]

Thanks!