Court Overturns Bush Administration Denial of Petition to De-List Klamath Suckers

Federal District Court, District of Oregon ^ | 9/4/03 | James L. Buchal

[Iconoclast2]

On September 4, 2003, Judge Robert E. Jones of the United States District Court for the District of Oregon released an opinion ordering the U.S. Fish and Wildlife Service (FWS) to reconsider its denial of a petition filed by several Klamath Basin residents to remove two species of suckerfish from the list of endangered species.

Walt Moden, Merle Carpenter, Charles Whitlatch, John Bair, Tiffany Baldock and Dale Cross had filed a petition to remove the fish from the endangered species list on October 19, 2001. The petition was based on the testimony of former FWS biologist David Vogel, who told Congress that year that either "the estimates of the sucker populations in the 1980s were in error and did not, in fact, demonstrate a precipitous decline (i.e., the populations were much larger than assumed)" or "the suckers have demonstrated an enormous boom in the period since the listing and no longer exhibit 'endangered' status".

FWS biologists who listed the fish in 1988 reported they were so scarce that virtually none could be found, but by the time competent measurements of the populations were conducted in the 1990s, there were hundreds of thousands of adult suckers in the Basin, a population that probably equaled the carrying capacity of Upper Klamath Lake and other sucker habitat. The FWS nevertheless rejected the petition to delist the suckers, arguing that they still faced risks.

Judge Jones found that the FWS’ denial of the petition contained “unexplained conclusions not supported by the administrative record” and ordered the FWS either to reconsider its rejection of the delisting petition, or proceed to a full status review, the next procedural hurdle prior to delisting.

James Buchal, attorney for the delisting petitioners, hailed the decision as “a giant step toward cutting the Gordian knot of bogus endangered species listings that hamstrings the Klamath Basin farmers.” Walt Moden, the lead petitioner said: “Now is the time for the leadership in the Klamath Basin to work to focus the Bush Administration away from junk science and towards delisting these fish.”

[Iconoclast2]

Anyone who wants an Adobe Acrobat copy of Judge Jones' opinion can e-mail me at counsel@buchal.com, and I will reply with the 598 Kb document attached.

[truthkeeper]

BTTT

[Sloth]

Cool.

[Carry_Okie]

Congratulations sir!

[Carry_Okie]

Le ping.

[concerned about politics]

Kwel. Keep those tides turning, folks. Amen.

[cake_crumb]

Misleading headline. Bush wanted the suckers de-listed as far as I know.

[ImphClinton]

BTTT

[farmfriend]

Rights, farms, environment ping.

Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

[MissAmericanPie]

I am happy to finally hear some good news for the fine Americans at Klamath Falls.

[Nephi]

Bush wanted the suckers de-listed as far as I know.

You mean like he wants conservative judges?

[Iconoclast2]

As the lawyer litigating against Bush's Justice Department lawyers to defend the personal decision of Bush's own appointee to deny the petition for delisting, I beg to differ.

President Bush may or may not want the suckers delisted, if he has even considered the question. But his Administration fought delisting tooth and nail.

[ForGod'sSake]

**PING**

FGS

[Carry_Okie]

Misleading headline. Bush wanted the suckers de-listed as far as I know.

Get your facts straight.

[truthkeeper]

A deserving BTTT for you.

[E.G.C.]

BTTT!!!!!!

[AAABEST]

Misleading headline. Bush wanted the suckers de-listed as far as I know.

This FWS under this administration has been the most tyrannical POS that ever became an agency. Need proof? Just ask any businessmen or property owner in a Florida city call Cape Coral, where an entire segment of the marine industry has been shut down over manatee junk science. All with the wave of a finger...literally. See nowadays our legislature doesn't even have to write a law, an agency can simply "decalare" or "decree" things all on their own.

The "it's not me, it's my out-of-control appointees" excuse is wearing thin, people are getting tired of it. It's his damn cabinet that is engaging in these very un-American leftist activities.

[VxH]

Woohooo!

Way to go Hugo!

[Nam Vet]

Super news! I found this before you even pinged me Buddy ! :)

Nam Vet

[Mo1]

Good News!