Translation...we want more money...
Posted on 04/22/2011 4:25:03 PM PDT by SandRat
TUCSON — A lawyer for environmental activists wants a federal judge to order two U.S. agencies — The Fish and Wildlife Service and the Army — to renegotiate a biological opinion concerning the San Pedro River and its environs contending the two entities have failed to follow the Endangered Species Act.
The plaintiff’s attorney, McCrystie Adams, said the continuing growth in the Sierra Vista area is caused by the existence of Fort Huachuca and as more people come to the area, they “are draining the aquifer year after year.”
However, a U.S. Department of Justice attorney contends all the requirements are being met and that ordering the Army and FWS to go back to the negotiating table is not needed, nor environmentally necessary because the current biological opinion is addressing the concerns of environmentalists.
The federal environmental attorney John Martin said the plaintiffs “are misreading the (current) biological opinion,” noting the impact of the fort on the San Pedro River is less than imagined because growth “occurs more than seven miles from the river,” adding that the issue “is much more complicated.
Listening to the verbal arguments by Adams, who works for Earthjustice in Denver, and Martin — whose office is also in Denver — was federal Judge A. Wallace Tashima.
Before either attorney presented their arguments — first Adams, then Martin — the judge said he understood the main issue was about “pumping the river dry.”
Throughout the arguments, Tashima would ask questions in order to obtain additional information for when he renders his decision, which was not accomplished Thursday.
The hearing, which lasted about 90 minutes, was held in the Tucson Federal Courthouse, and while Adams kept pushing her arguments supporting a summary judgment for her clients, the Center for Biological Diversity and the Maricopa Audubon Society, Martin constantly countered such a judgment is unneeded.
Although a number of species, some listed as endangered or threatened, benefit from the congressional set aside of land, generally a quarter mile or greater on either side of the river, in the San Pedro National Riparian Conservation Area which is less than 40 miles long, the only one discussed was the Huachuca water umbel.
Sitting at the plaintiff’s desk was Dr. Robin Silver, a longtime leader with the Center for Biological Diversity and at Martin’s desk was Dan Haws, Fort Huachuca’s environmental attorney.
Adams noted that the attempt to bring the water use and recharge in balance is failing and pulling more water from the aquifer will soon impact the waterway’s ability to use groundwater to keep flowing.
Saying that the service, meaning FWS, did not do a good job in analyzing the impact of reducing water flow will have on the umbel, Adams said the existing biological opinion, which ends in 2016, needs to be revised and the federal government has to do a better job in both providing and proving the river will survive as the only free-flowing stream in the Southwest, she said.
Recovery and survival of the Upper San Pedro River was not rationally taken into account when FWS and the Army agreed to the opinion.
It was in June 2007, when the new agreement was inked with FWS noting the fort’s actions are “not likely to jeopardize the continued existence of any federally listed species or adversely modify their critical habitat,” according to an article in the Herald/Review.
At that time, Silver was not pleased with the decision, saying, the new opinion, “doesn’t pass the straight-face test,” according to the Herald/Review article published on June 16, 2007.
A new opinion came about when Silver and the center threatened to sue the federal government over an earlier opinion, leading fort officials to seek a reconsultation with FWS.
That decision created an agreement between the Army and Silver’s organization eliminating the need for Silver to file a lawsuit. The 2005 agreement was to be effective for five years.
Adams said the FWS and fort are consuming a lot of time leading to the potential the river will be soon “running at a trickle.”
Martin said the fort has taken many actions and will continue to do so in the future, all to ensure the river continues to flow.
But, there are many things the Army and FWS have no control over, such as changing climate conditions, he said.
Due to the fort’s environmental stewardship “the umbel is stable in the (San Pedro) Riparian Conservation Area,” Martin said.
Post officials have to be constantly ahead of the curve concerning how environmental issues are handled so that the defense value to the nation of the post can continue, he said.
As for the climate aspect, which is difficult to analyze but an important aspect of the problem, FWS and the Army do consider it, Martin said, adding what the plaintiffs want is “to look into the future without analyzing climate (changes).”
The judge said the issue on which he is being asked to rule “is difficult” because of “the great deal of expertise needed.”
Having said that he said he will advise both parties when he has reached a decision, without giving any hint of when it will happen.
As she was leaving the courtroom, Adams said what the plaintiffs want is for the judge to give them a summary judgment, requiring “the service and the Army to negotiate and new opinion.”
But to Martin, the best decision will be for the judge to not order new biological opinion negotiations.
If it is ordered, he said, as he was leaving the courthouse, a decision will have to be made, “if we will appeal.”
Translation...we want more money...
When enviro-nazis lose a case they just keep coming back, they don’t suffer a shortage of funds.
I know. It’s still feels good to see them lose.
I hear you. I hope this turns out like the wolf delisting thing. LOL!
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