I will post several follow-up stories below.
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URL: http://abqjournal.com/news/52807news06-19-03.htm
Thursday, June 19, 2003Domenici Says Ruling 'Favors Fish Over People'
By Tania Soussan Journal Staff Writer
A recent federal court ruling "favors fish over people," Sen. Pete Domenici told the Senate on Wednesday as he pleaded for congressional support to change the Endangered Species Act.
"This really has far-reaching implications for all Americans," Domenici said of the ruling in a passionate floor speech. "It essentially favors fish over people."
He said legislative action is needed to short-circuit last week's ruling by a three-judge panel of the federal 10th Circuit Court of Appeals. In a 2-1 decision, the judges said water earmarked for cities and farmers can be taken to save the endangered Rio Grande silvery minnow from extinction.
Domenici said he will renew efforts to amend the Endangered Species Act in the next month or two.
He said the court ruling means local governments and farming communities cannot "reasonably expect a permanent water supply" something Congress did not intend when it passed the act.
"I believe there has to be a better way," Domenici said. "I believe we can amend this law to better protect struggling species while still respecting the authority of the government, states and localities and Indian tribes. I believe we can amend this law to better protect struggling species while still allowing people access to the resources we need to survive."
Domenici said he will have legislation ready soon so it can be attached to the next bill moving out of the Senate.
The minnow ruling has sparked a flurry of meetings on Capitol Hill as state leaders and members of New Mexico's congressional delegation work to formulate a strategy.
Albuquerque Mayor Martin Chávez met Wednesday with Reps. Heather Wilson, R-N.M., Steve Pearce, R-N.M., and Tom Udall, D-N.M., and with a top Interior Department official. Albuquerque is among the contractors for water that could be sent down the Rio Grande to protect the minnow and its habitat.
"What we're trying to do is fashion a solution that doesn't require a head-to-head collision between the species and the city," Chávez said in a telephone interview.
Because the court ruling will affect all Western states, there is not a lot of support in Congress for legislation that addresses only New Mexico, Chávez said.
But a broad change to the Endangered Species Act would be politically thorny and tough to pass.
Gov. Bill Richardson, who traveled to Washington earlier this week, said Wednesday it's unrealistic to expect Congress to radically alter the act.
"I don't think we can amend or change the Endangered Species Act," Richardson said during a town hall meeting in Socorro. "I think it's there; I think maybe we should tinker with it. I don't think there's the votes or the strength or the effort to change it."
Sen. Jeff Bingaman, D-N.M., will meet today with Domenici to discuss ways to address the issue.
"It's going to take the entire congressional delegation getting behind one effort if this is going to pass," Bingaman spokeswoman Jude McCartin said. "Sen. Bingaman does not want to begin a big ESA fight if we don't need to. He wants to generate legislation that is narrowly tailored to fix New Mexico's problem."
Richardson also suggested the delegation try to block the funds to implement the appeals court ruling or that the state join the Interior Department in appealing the decision.
New Mexico Attorney General Patricia Madrid said Wednesday that her staff already is working on a request for the full appeals court to reconsider the case.
"That is not a simple undertaking," she said. "We want it to be well-researched and well laid-out."
The deadline for filing a request for rehearing is in late July.
Madrid also said she will be asking every state in the West to support New Mexico by filing friend-of-the-court briefs in the case, something several states already have done.
Madrid has scheduled a telephone conference today with Interior Secretary Gale Norton to talk about ways to get New Mexico through the summer without water wars.
Journal staff writer David Miles contributed to this report.Copyright 2003 Albuquerque Journal
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The greenies got lots of political mileage out of Klamath. They're after a lot more. This issue will replace global warming, which has about worn out its welcome.