Conservationists plan to sue feds over claims that panther habitats not protected

WASHINGTON — The National Wildlife Federation and Florida conservation groups will file lawsuits alleging two federal agencies did not protect land they feel is vital to the endangered Florida panther.

The two lawsuits allege the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service "have failed to develop a meaningful plan to guide development so that people and the Florida panther can co-exist in Southwest Florida." The cases will be filed today in U.S. District Court in Washington.

One case alleges the Army Corps misused its permitting process under the Clean Water Act while a second accuses both agencies of ignoring federal requirements in allowing Florida Rock Industries to mine a 3,212-acre open pit in Fort Myers.

"It's our hope that we can set a precedent that would get a more common-sense approach taken to all the projects in and near habitat," said John Kostyack, the federation's lead attorney on the case.

"It's our goal to force a discussion among all the stakeholders about how the panther will be protected while allowing development to move forward. We're amazed that that has not happened to this date."

A similar case was filed a few years ago by a coalition of environmentalists. But a federal judge dismissed it in March 2002 after ruling the groups had to focus on one permitted project, not the 26 they had selected.

Kostyack said the Lee County mine was chosen first because it was "the largest one on the radar."

In that case, the National Wildlife Federation, Florida Wildlife Federation and Florida Panther Society allege Fish and Wildlife "arbitrarily and capriciously issued an incomplete and inadequate biological opinion concluding that this Florida Rock limestone mining operation would not jeopardize the continued existence of the Florida panther."

The groups want Florida Rock's permit revoked and a new biological opinion to be conducted.

Bert Byers, a spokesman for Fish and Wildlife, said the agency does not comment on cases until officials have read them. But he defended its commitment to the panther, adding that Florida Rock will be giving the federal government 802 acres in a "corridor of preferred panther habitat" in exchange for the mining permit for more than 5,200 acres in "an area that may not be the best habitat for a panther."

"It strikes me as being a win-win situation in that panthers may not live and be able to forage and raise families around a mine and areas that are conducive to a mine," Byers said.

The second case, filed by the Florida Panther Society and the National Wildlife Federation, alleges the Army Corps failed to take the panther into account when issuing permits used for a wide variety of development from roads to utilities. The groups are asking for the Army Corps to consult with Fish and Wildlife about the potential impact its permits would have on panther habitat.

Only 80 to 100 Florida panthers remain in the state, largely in Lee, Collier and Hendry counties.

Kostyack said the purpose of the lawsuits is to ensure that Lee and Collier counties, two of the fastest growing in the nation, take steps to protect from development areas that are important not only to the panther but also to the state's drinking water.

He said he is encouraged by Collier County's new growth plan, in which companies would relinquish development rights in areas vital to the panther and water flow in exchange for property in areas considered more appropriate for growth.

Ideally, Kostyack said, local governments will take proactive steps like Collier County so that his organization would not have to file cases in federal court to ensure the panther is protected.

There's no such thing as a "Florida" Panther, what a damn joke.

Fisrt off, the original cats were nothing more than a smaller version of a mountain lion. Just as the whitetail deer, squirrels and any game animal is smaller down here because they don't need the body mass to keep cool.

Second, it's an invasive species. Many years ago, a bunch of South American cats escaped and mingled with the natives and created a cross breed. Enter the Federal takeover of the Everglades which ran off the indians, farmers and crackers replacing them with bureaucrats from everywhere else but here. Of course the land was mis-managed and most of the edible foliage was ruined, reducing drastically the small game in turn the large game that fed on it.

Of course the already screwed-up panther population suffered greatly and their numbers became so small that they started to inbreed, some being born without testicles.

Government to the rescue again. They bring in that nut-job who is "re-introducing" the wolf out west to "re-introduce" the non-Florida panther here. S***-for-brains brings us some larger and more aggressive cats from Texas to breed, who are now busy eating livestock, getting huge tracts of real estate and nobody can do a damn thing about it.

Now we have a non-Florida/South American/inbred/Texas panther that we're offering constitutional rights to, while taking away the rights of our citizens to accomodate this creature. To make things really asinine, we make it our state animal and put it on a license plate.

Every time I see one of those stupid panther plates (or manatee plates) I feel like shoving it up the offending driver's a$$ sideways. That "Florida" panther is nothing but a sham and a pest that has created more hell for people than any Rat infestation in history.

Wow, how did you did you come across this lonely rant in the wilderness?

Tony has complimented me on my panther rants as well, so I guess I must be an OK panther ranter. I think I'll reserve meeting rooms at hotels and go on a cross country panther rant tour.

I'll just have to wait until the bruises caused by beating my head against my desk diminish before I appear in public.

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