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Browsing the archives for the Endangered Species Act category.

Hastings urges halt of bladderpod listing

Agriculture, Endangered Species Act, Federal gov & land grabs

 Posted: Thursday, May 16, 2013 9:44 AM

Capital Press

http://www.capitalpress.com/newsletter/mw-Hastings-Bladderpod-051513

The chairman of the House Natural Resources Committee has written a letter to the Obama administration urging an immediate halt to the listing of a sagebrush species under the Endangered Species Act.

Washington farmers are concerned about potential impact to their property if the White Bluffs Bladderpod is listed as threatened beginning May 23.

Rep. Doc Hastings, R-Wash., drafted a letter to U.S. Fish and Wildlife Service Director Dan Ashe urging him to halt enforcement of the listing, postpone finalizing the ruling and extend the public comment period by at least 60 days.

“As you know, I have been highly critical of the Department of Interior’s negotiation of settlements behind closed doors with litigious groups that frequently petition and file Endangered Species Act-related lawsuits against the federal government, because they defy transparency and accountability, and raise questions regarding the Service’s ESA management priorities,” Hastings wrote in the letter. “These settlements also ignore input from states and local entities that are most affected by the potential ESA listing or critical habitat designation. Without a reasonable extension, it would confirm my criticism has been justified.”

Hastings said in the letter that the agency has delayed final listings or critical habitat for other species before, including the lesser prairie chicken in the Midwest this year and the dunes sagebrush lizard in late 2011.

Hastings said the federal government should exercise extra caution, citing the constitutional rights of private property owners. The service has identified roughly 2,800 acres as critical habitat for the plant, including 419 acres of private property.

“Other than an arbitrarily-set, closed-door deal to list the White Bluffs Bladderpod in the 2011 settlement, I challenge the Service to explain the urgency for its actions on this species,” Hastings wrote.

It was announced last week that Hastings will head a working group to examine the Endangered Species Act.

Matthew Weaver

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U.S. plans to drop gray wolves from endangered list

Endangered Species Act, Wolves

The planned ruling would eliminate protection for the top predators, but scientists and conservationists say the proposal is flawed.

By Julie Cart, Los Angeles Times

April 25, 2013, 6:20 p.m.

Federal authorities intend to remove endangered species protections for all gray wolves in the Lower 48 states, carving out an a exception for a small pocket of about 75 Mexican wolves in the wild in Arizona and New Mexico, according to a draft document obtained by The Times.

The sweeping rule by the U.S. Fish and Wildlife Service would eliminate protection for wolves 18 years after the government reestablished the predators in the West, where they had been hunted to extinction. Their reintroduction was a success, with the population growing to the thousands.

But their presence has always drawn protests across the Intermountain West from state officials, hunters and ranchers who lost livestock to the wolves. They have lobbied to remove the gray wolf from the endangered list.

DISCUSSION: Should the gray wolf be dropped from endangered list?

Once those protections end, the fate of wolves is left to individual states. The species is only beginning to recover in Northern California and the Pacific Northwest. California is considering imposing its own protections after the discovery of a lone male that wandered into the state’s northern counties from Oregon two years ago.

The species has flourished elsewhere, however, and the government ended endangered status for the gray wolf in the northern Rockies and Great Lakes regions last year.

Mike Jimenez, who manages wolves in the northern Rockies for the Fish and Wildlife Service, said delisting in that region underscored a “huge success story.” He said that while wolves are now legally hunted in Montana, Idaho and Wyoming, the federal agency continues to monitor pack populations and can reinstate protections should numbers reach levels that biologists consider to be dangerously low.

MORE:

http://www.latimes.com/news/local/la-me-wolves-20130426,0,280341.story

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Conservation dogs sniff out endangered animals

Endangered Species Act

PNP comment: What they won’t think of next to spend money on! — Editor Liz Bowen

By Elizabeth Devitt

edevitt@mercurynews.com

 

Posted:   04/26/2013 10:56:51 PM PDT

Megan Parker carries poop in her purse. At least she does when she’s working with her dog Pepin, who’s trained to track the scat of endangered wildlife.

Having the right scent on hand allows Parker to direct her dog during a search.

Parker and Pepin have helped conservation workers protect wildlife all over the world. With Pepin’s superior sense of smell, the 7-year-old Belgian Malinois has tracked everything from endangered kit foxes in the San Joaquin Valley to the perilously small population of Cross River gorillas in the mountains of Cameroon.

“Scat is a gold mine of information,” said Parker, one of four co-founders of Working Dogs for Conservation, a nonprofit group of six biologists who trained

Pepin, a Belgian Malinois with Working Dogs for Conservation, gets ready for a demonstration in Palo Alto, Calif. on April 13, 2013. (LiPo Ching)

their canines to work on behalf of wildlife.

Scientists can extract DNA — the genetic blueprints found in cells — from scat samples to check the sex of animals and learn who’s related to whom. Stool can also be used to evaluate diets, test hormone levels and check for diseases. By mapping areas where samples are found, an animal’s home range can also be determined. All that information helps conservationists keep tabs on endangered animals without having to hunt, trap or tag them.

“People see and hear the world,” said Parker. “But dogs are really good at this because they smell the world.”

With samples of wolverine and cheetah scat from her stash, Parker recently demonstrated Pepin’s search skills. From the moment Parker

fastened a bright orange service-dog vest on Pepin, the dog focused on finding his target scents. He sniffed relentlessly around a cavernous lecture hall and trotted briskly among 50 people seated in rows of chairs. In less than 10 minutes Pepin made his finds, alerting Parker by promptly sitting down and throwing her a hard stare.

Pepin is one of nine dogs on staff at Working Dogs for Conservation. A mix of breeds — retrievers, border collies and German shepherds — most of the dogs come from shelters where their high-maintenance traits made them great for detection training, but not so perfect for the easy life of a pet.

The dogs all live with their handlers. That close relationship is part of what makes their teamwork so successful, said Parker. In the field, the dogs work off-leash. So it’s critical to know the dog well enough to know whether he has truly found a target or is just testing the handler, she said.

With highly sensitive noses, dogs such as Pepin have proven they find samples quickly and more accurately than human-based methods, said Alice Whitelaw, another cofounder of the group. Reliability matters because testing scat samples from the wrong animals wastes time and money. Using dogs is also less costly than capturing and radio-collaring animals, which are intensive efforts in terms of manpower, money and handling the wild animals, she said. So far, the dogs have worked on 38 projects in 11 countries.

Scat isn’t the only thing these dogs can find. With scent-discrimination capabilities at least twice as good as those of people, the dogs have nosed out specific plant species — a critical skill on islands where one invasive species can wreak havoc on the rest of the ecosystem, said Whitelaw.

More:

http://www.marinij.com/ci_23133258/conservation-dogs-sniff-out-endangered-animals

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Ranchers fear expanding scope of ESA

Agriculture, cattle, Endangered Species Act

Thursday, March 28, 2013

Analysis

By MATEUSZ PERKOWSKI

Capital Press

The federal government wants to clarify the Endangered Species Act with two upcoming policy changes that ranching interests fear will greatly increase the law’s scope.

In both cases, the Obama administration is attempting to resolve legal disputes over language in the act — and appears to side with arguments that would interpret its authority more broadly.

Ranchers would be affected by a more expansive understanding of the ESA’s scope, as many rely on public lands for grazing and own property potentially inhabited by protected species.

The combined effect of the policies would be to subject more land to ESA restrictions while relieving the government from considering the law’s full economic impact, according to rancher advocates.

The first policy deals with how the government deals with a species that faces varying levels of danger across its range.

Under the ESA, protections are extended to a species that is endangered or threatened “throughout all or a significant portion of its range.”

The Bush administration understood the law to mean that protections may only apply to the “significant portion” where the species is threatened or endangered, not to areas where it’s healthy.

However, two federal judges disagreed with that approach because it excluded some members of a listed species from ESA protection.

The Obama administration withdrew the previous policy and has proposed a  replacement to resolve “tensions and ambiguities” in the law.

The proposed policy states that if the viability of a species is at risk in a significant portion of its range, protections will apply across all of its range.

One practical effect of the new policy will be to open more of the landscape to designation as “critical habitat,” said Karen Budd-Falen, an attorney who represents ranchers and other natural resource industries.

“It will be more designations and bigger designations,” she said.

Federal agencies cannot “adversely modify” critical habitat, even if an area isn’t occupied by a species.

For example, cattle can be subject to greater restrictions on grazing near streams that are considered critical habitat even if no endangered or threatened fish swim in them, said Budd-Falen.

Another looming policy change involves the economic analysis that the government must conduct when designating an area as critical habitat.

Faced with conflicting appeals court rulings, the administration has chosen to adopt an interpretation that minimizes the full measure of economic disruption.

READ more:

http://www.capitalpress.com/content/mp-critical-habitat-analysis-032713

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Ranchers wary of rules expanding scope of ESA

Agriculture, cattle, Endangered Species Act

Http://www.capitalpress.com/newsletter/mp-critical-habitat-analysis-032713

by MATEUSZ PERKOWSKI

Capital Press

The federal government wants to clarify the Endangered Species Act with two upcoming policy changes that ranching interests fear will greatly increase the law’s scope.

In both cases, the Obama administration is attempting to resolve legal disputes over language in the act — and appears to side with arguments that would interpret its authority more broadly.

Ranchers would be affected by a more expansive understanding of the ESA’s scope, as many rely on public lands for grazing and own property potentially inhabited by protected species.

The combined effect of the policies would be to subject more land to ESA restrictions while relieving the government from considering the law’s full economic impact, according to rancher advocates.

The first policy deals with how the government deals with a species that faces varying levels of danger across its range.

Under the ESA, protections are extended to a species that is endangered or threatened “throughout all or a significant portion of its range.”

The Bush administration understood the law to mean that protections may only apply to the “significant portion” where the species is threatened or endangered, not to areas where it’s healthy.

However, two federal judges disagreed with that approach because it excluded some members of a listed species from ESA protection.

The Obama administration withdrew the previous policy and has proposed a replacement to resolve “tensions and ambiguities” in the law.

The proposed policy states that if the viability of a species is at risk in a significant portion of its range, protections will apply across all of its range.

One practical effect of the new policy will be to open more of the landscape to designation as “critical habitat,” said Karen Budd-Falen, an attorney who represents ranchers and other natural resource industries.

“It will be more designations and bigger designations,” she said.

Federal agencies cannot “adversely modify” critical habitat, even if an area isn’t occupied by a species.

For example, cattle can be subject to greater restrictions on grazing near streams that are considered critical habitat even if no endangered or threatened fish swim in them, said Budd-Falen.

Another looming policy change involves the economic analysis that the government must conduct when designating an area as critical habitat.

Faced with conflicting appeals court rulings, the administration has chosen to adopt an interpretation that minimizes the full measure of economic disruption.

The policy assumes that a protected species already inhabits an area, said Budd-Falen. The economic analysis is thus limited to the incremental impact of the critical habitat designation.

In reality the species may not occupy the area at all, so the approach fails to consider the full economic consequences associated with the designation, she said.

Under the ESA, areas can be excluded from critical habitat based on economic harm, Budd-Falen said. If the administration assumes there’s no impact, though, more land will qualify for designation.

“It’s pretty critical to us to have economic considerations included in the Endangered Species Act,” she said.

The issue is especially worrisome because critical habitat designations could result in restrictions on private land if ranchers receive federal crop insurance or other federal assistance, Budd-Falen said.

“It is massively far-reaching,” she said.

Dustin Van Liew, executive director of the Public Lands Council, which advocates for grazing, said it’s troubling that the federal government is trying to resolve a conflict between two appellate rulings, which should be the role of the U.S. Supreme Court.

Van Liew said he’d like Congress to resolve these questions more permanently as part of a broad ESA reform law.

“We’d like to see this as part of that discussion, so there would be certainty afforded to ranchers,” he said.

The Center for Biological Diversity, an environmental group, believes the Obama administration’s definition of “significant portion” is too restrictive.

Under the proposal, an area is considered significant only if it’s absence would put the species in danger of extinction.

Noah Greenwald, endangered species director for group, said that bar has been set too high.

He said it’s an “erroneous conclusion” that the overall policy change would result in more critical habitat designations.

As for the economic analysis policy, Greenwald said it makes sense to consider the listing itself separately from the critical habitat designation.

Even if an area doesn’t contain the species, it may be needed for critical habitat to provide stability for the population, he said.

====================================================

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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72 members of congress urge US Fish and Wildlife Service to delist the (Canadian) Gray Wolf

Endangered Species Act, Federal gov & land grabs, Wolves

Breaking News from Big Game Forever

On Friday, 72 members of Congress sent a letter to US Fish and Wildlife Service director Dan Ashe in support of expanded wolf-delisting.  This letter shows strong bi-partisan support for sportsmen and our efforts to protect abundant wildlife.  You may recall that over a week ago, 52 members of Congress sent a letter opposing expanded delisting.  There is a reason for all of this activity.  US Fish and Wildlife Service is currently reviewing the status of Canadian Wolves in the United States.  Many observers expect that the service will delist wolves in states where wolves are not mandated. This would return management authority over Canadian wolves to the states.

The effort on this “Dear Colleague” letter was led by US Senators Orrin Hatch and John Barrasso in the US Senate and Representatives Cynthia Lummis and Doc Hastings in the US House of Representatives.  Big Game Forever remains committed to its efforts to protect abundant wildlife and to ensure states have full authority to manage wolves.  We will need your support in coming days and weeks.  Stay tuned for any action alerts from Big Game Forever.  As always Big Game Forever will make it fast, easy and free to make your voice heard on this important issue.

A copy of the letter is attached here: 72 Member Wolf Delisting Letter   Below is a copy of the press release about the letter.

72 MEMBERS OF CONGRESS URGE U.S. FISH AND WILDLIFE SERVICE TO DELIST THE GRAY WOLF FROM THE ENDANGERED SPECIES ACT

WASHINGTON – A bipartisan group of 72 Members of Congress have written to the U.S. Fish and Wildlife Service (USFWS) to urge that the Agency delist the gray wolf from the Endangered Species Act (ESA) in the Continental United States. The letter was spearheaded by Sens. Orrin Hatch (R-UT) and John Barrasso (R-WY), and Reps. Cynthia Lummis (R-WY) and Doc Hastings (R-WA), Chairman of the House Natural Resources Committee.

In the letter, the Members of Congress write that “[w]olves are not an endangered species and do not merit federal protections. The full delisting of the species and the return of the management of wolf populations to State governments is long overdue. As you know, State governments are fully qualified to responsibly manage wolf populations and are able to meet both the needs of local communities and wildlife populations.”

The lawmakers added that an unmanaged wolf population poses a threat to the communities and surrounding livestock and indigenous wildlife, but that “currently State wildlife officials have their hands tied any time wolves are involved.” They add that State wildlife managers “need to be able to respond to the needs of their native wildlife without being burdened by the impediments of the federal bureaucracy created by the ESA.”

In addition to Hatch and Barrasso, Senators signing the letter were Sens. John Cornyn (R-TX), Mike Crapo (R-ID), Mike Enzi (R-WY), Heidi Heitkamp (D-ND), Dean Heller (R-NV), Mike Lee (R-UT), Joe Manchin (D-WV), Lisa Murkowski (R-AK), James Risch (R-ID), John Thune (R-ND), and David Vitter (R-LA).

Members of the House signing the letter in addition to Lummis and Hastings were Reps. Michele Bachmann (R-MN), Dan Benishek (R-MI), Rob Bishop (R-UT), Marsha Blackburn (R-TN), Kevin Brady (R-TX), Jason Chaffetz (R-UT), Howard Coble (R-NC), Tom Cole (R-OK), Mike Conaway (R-TX), Kevin Cramer (R-ND), Steven Daines (R-MT), Ron DeSantis (R-FL), Jeff Duncan (R-SC), Stephen Fincher (R-TN), Bob Gibbs (R-OH), Sam Graves (R-MO), Bill Huizenga (R-MI), Duncan Hunter (R-CA), Bill Johnson (R-OH), Steve King (R-IA), John Kline (R-MN), Doug Lamalfa (R-CA), Bob Latta (R-OH), Blayne Luetkemeyer (R-MO), Kenny Marchant (R-TX), Jim Matheson (D-UT), Patrick McHenry (R-NC), Candice Miller (R-MI), Jeff Miller (R-FL), Mick Mulvaney (R-SC), Randy Neugebauer (R-TX), Kristi Noem (R-SD), Alan Nunnelee (R-MS), Steve Palazzo (R-MS), Collin Peterson (D-MN), Mike Pompeo (R-KS), Jim Renacci (R-OH), Reid Ribble (R-WI), Dennis Ross (R-FL), Paul Ryan (R-WI), Steve Scalise (R-LA), David Schweikert (R-AZ), Austin Scott (R-GA), Pete Sessions (R-TX), Terri Sewell (D-AL), Adrian Smith (R-NE), Steve Southerland (R-FL), Chris Stewart (R-UT), Steve Stivers (R-OH), Steve Stockman (R-TX), Marlin Stutzman (R-TX), Glenn Thompson (R-PA), Tim Walz (D-MN), Randy Weber (R-TX), Lynn Westmoreland (GA), Rob Wittman (R-VA), Don Young (R-AK).

The full text of the letter is below:

The Honorable Dan Ashe

Director

U.S. Fish and Wildlife Service

1849 C Street, NW

Washington, DC 20240

Dear Director Ashe:

We understand the U.S. Fish and Wildlife Service (USFWS) is in the process of reviewing the Endangered Species Act (ESA) recovery status of the gray wolf in the lower 48 States and is preparing to announce the delisting of the species. We support the nationwide delisting of wolves and urge you to move as quickly as possible on making this a reality. We were supportive of the USFWS decision in 2009 when most wolves were delisted in the Northern Rocky Mountains, again in 2011 when wolves in the Great Lake States were delisted, and the 2012 delisting in Wyoming.  It is unfortunate that these decisions were met with lawsuits from environmental activists.

Wolves are not an endangered species and do not merit federal protections.  The full delisting of the species and the return of the management of wolf populations to State governments is long overdue. As you know, State governments are fully qualified to responsibly manage wolf populations and are able to meet both the needs of local communities and wildlife populations.

Unmanaged wolves are devastating to livestock and indigenous wildlife. Currently State wildlife officials have their hands tied any time wolves are involved. They need to be able to respond to the needs of their native wildlife without being burdened by the impediments of the federal bureaucracy created by the ESA. During the four decades that wolves have had ESA protections, there has been an uncontrolled and unmanaged growth of wolf populations resulting in devastating impacts on hunting and ranching in America as well as tragic damages to historically strong and healthy herds of moose, elk, big horn sheep, and mule deer.

As you consider these much needed changes to federal protections with regard to the gray wolf, we urge you to expand the delisting of the species to all of the lower 48 states.  It is critical that the states be given the ability to properly manage all of the species within their boundaries.

 72 member wolf-delisting letter

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Fisher populations considered for endangered species list

Endangered Species Act, Federal gov & land grabs

PNP comment: Oh, no, not another poor specie that will be poorly managed by the government!

For more about how many species the U.S. Fish and Wildlife Service will be considering for listing to the ESA, go to:  http://jeffersonnewsservice.com/?p=1267   — Editor Liz Bowen

Capital Press

Posted: Tuesday, March 19, 2013 10:05 AM

YREKA, Calif. – A catlike creature that roams the timberlands of the West may be added to the federal endangered-species list.

The U.S. Fish and Wildlife Service office here is collecting population data on the fisher, which is about the size of a large house cat but is a member of the weasel family. The study pertains to fishers in California, Oregon and Washington, the agency announced.

The federal government asserts fishers, which occupy mixed conifer-hardwood forests, have declined in number because of various factors. Those include fur harvest, predator control, the loss of habitat from timber harvest and urbanization, the Fish and Wildlife Service contends.

The West Coast fisher has been a “candidate species” since 2004, but a proposal to list the species as threatened or endangered was precluded by higher priority actions, according to an agency news release.

The service is seeking information on the fisher’s historical and current population status, threats to the species and its habitat, and scientific and commercial data to help with developing a potential critical habitat area, the release explains.

The agency’s information-gathering period will run from March 19 to May 3. Comments may be submitted via email to FisherWestDPS@fws.gov or online at http://www.regulations.gov . Search for Docket No. FWS-R8-ES-2013-0054.

In addition, the public may submit information by mail to: Public Comments Processing, Attn: FWS-R8-ES-2013-0054.; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

-Tim Hearden

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U.S. Fish & Wildlife Department About to Decide on Hundreds of Animals Under Endangered Species Act

Endangered Species Act, Federal gov & land grabs

PNP comment: The biggest problem with the ESA is that is “single” manages species. It doesn’t take into account that there is a food chain and the listing of a species does affect animals it eats and those that eat it. At this point, listing an animal to the ESA does little to increase its population. 

And wow, how biased can an article get? Using emotionally-charged words like “imperiled” and “limbo” and “feverish” – all of which are just not true.  – Editor Liz Bowen

ICTMN Staff

Indian Country Today Media Network.com

March 06, 2013

Having been wait-listed two years ago for a spot on the Endangered Species Act, the Pacific walrus may soon be awarded its dubious distinction: The U.S. Fish & Wildlife Department is on the verge of designating it and dozens of other species as endangered, as it catches up from a backlog.

The walrus is one of hundreds of animal genre that have been waiting for as long as two decades to be officially added, even though scientists have generally agreed that their numbers are dwindling and that they should be on the list.

Fish & Wildlife has until 2018 to rule on the more than 800 species that have been in limbo as the Pacific walrus has, The New York Times reported on March 6, under the 2011 court settlement of two lawsuits brought by conservation groups. Once that backlog is erased, the Times reported, more than 550 other potential candidates can be evaluated, since the department has finished preliminary work on them.

By September, 97 animals are scheduled to be evaluated by Fish & Wildlife, the Times said, 70 of them from the list in the lawsuit.

“It is the most feverish activity on imperiled wildlife in two decades, an improbable feat amid ferocious attacks from conservative critics and in an economy with little money to spare for environmental frivolities,” The New York Times story said.

The Times mentions a litany of political, economic and departmental management factors influencing the slow-moving nature of the act’s designative powers. Designating most or all of these species as endangered could augment the full list by 60 percent, the Times said, greatly expanding the territory as well.

In February 2011 the government classified the Pacific walrus as “warranted but precluded” for inclusion on the Endangered Species Act, meaning that it deserves to be on the list but that there’s no room. So it and numerous other species were consigned to what amounts to a waiting list.

In February 2011 the government classified the Pacific walrus as “warranted but precluded” for inclusion on the Endangered Species Act, meaning that it deserves to be on the list but that there’s no room. So it and numerous other species were consigned to what amounts to a waiting list.

“The threats to the walrus are very real, as evidenced by this ‘warranted’ finding,” said Geoff Haskett, the service’s Alaska region director, in a statement reported by ICTMN at the time. “But its greater population numbers and ability to adapt to land-based haulouts make its immediate situation less dire than those facing other species such as the polar bear.”

Soon, the wait may be over.

Read Coming Soon: Long-Delayed Decisions on Endangered Species and its companion photo essay, Having Waited, Threatened Species Have a Chance for Protection.

Read more at http://indiancountrytodaymedianetwork.com/2013/03/06/us-fish-wildlife-department-about-decide-hundreds-animals-under-endangered-species-act

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Liberty Scene: EPA, Water Rights, Keystone XL Pipeline, Sage Grouse, Ron Arnold

Endangered Species Act, Greenies & grant $, Property rights, Supreme Ct. rulings, Threats to agriculture, Water rights

IN THE NEWS

 Liberty Scene

Liberty and Property Rights Coalition

EPA’s Secret Deals with Environmentalists

The EPA is under investigation for a practice called Sue and Settle. Environmentalists in government and private organizations have found ways to create new regulations by fashioning lawsuits tailored to have courts institute policy changes. Both parties involved in the lawsuits secretly decide in advance what the outcome will be and how much taxpayer money will be transferred to the environmental group in the settlement. In other words, they are exploiting the courts to change laws, and in the process, helping to fund radical environmental groups without legislative or taxpayer consent. Millions of taxpayer dollars have been given to these groups.

(You Tube)

Pacific Legal Foundation asks Supreme Court to Protect Western Water Rights

Recently, PLF attorneys filed an amicus brief with the U.S. Supreme Court in support of the estates of Nevada ranchers, E. Wayne and Jane Hage. The Hages, and their children, have been fighting for over twenty years to preserve their water rights from federal agencies.

Water rights, like those owned by the Hages, are essential to ranching and other natural resource industries throughout the western United States. In their case, a federal agency interfered with the Hages’ rights to access and maintain the flow of water to their ranch. The U.S. Claims Court determined that the agency’s actions resulted in physical and regulatory takings of their water rights. The Federal Circuit Court of Appeals, however, reversed the trial court’s conclusion without addressing the merits of their claims. The court held that the Hages’ case—which arose nearly a quarter century ago—is premature!

(Pacific Legal Foundation)

Is Corporate Funding of Environmental Groups a Form of Hush Money and Necessary Cost of Business?

IDAHO FALLS, Idaho – The Sierra Club, a group with a documented history of shilling for cash accused via Twitter this morning the oil and gas lobby of buying support for the Keystone XL pipeline.

The Sierra Club took a shot at the American Petroleum Institute, a pro-oil and gas development group, with this tweet: (See article)

(Watchdog.org)

A New Spotted Owl?

The western sage grouse is just the latest in the long list of endangered species which have been successfully used by their environmental proponents as economic weapons of destruction in the West.  After the spotted owl was listed as an endangered species in the 1990’s the western timber industry was eradicated from our nation’s forests, leaving the timber to rot from disease and be consumed by catastrophic fires.

Thirty Clark County, Nevada ranchers went broke as a result of the ESA listing of the desert tortoise.  Tortoise eggs were determined to be in danger of cows stepping on them.  Despite the fact that cattle, sheep and tortoises had cohabitated in the southern Nevada desert for more than a century, ranchers were forced to abandon their vested water rights and forage rights for the tortoise.  Once the lands were cleared of ranchers then Nevada BLM Chief, Bob Abby pursued a public land selling spree to Las Vegas developers armed with excavators and paving equipment.  (Emails Link Former Chief of the BLM’s Ex BLM Chief Bob Abbey to Henderson, NV Land Scandal) Environmentalists and bureaucrats were suddenly mute on the subject of the desert tortoise.

History shows that endangered species listings have less to do with saving the lives of animals and more to do with taking property and water rights by circumventing that pesky provision in the Constitution—just compensation.  See this special report in Range Magazine about the new spotted owl, “The Sage Grouse”.

(Range Magazine)

 

Ron Arnold: A Journalism Nonprofit’s Nonagenda Agenda

Among the standout names of outfits recently whacking the Donors Trust is the nonprofit investigative journalism organization known as the Center for Public Integrity. To many, the group’s name seems presumptuous and agenda-laden, despite its insistence that it is “nonpartisan and does no advocacy work.”

(Washington Examiner)

 

The Liberty and Property Rights Coalition is committed to promoting and preserving Constitutional rights to liberty and property in public policy and the law.

For more information or to be removed from this list email rhmorrison@sbcglobal.net.

A service of Liberty and Property Rights Coalition 2013

 

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Appeals court weighs arguments in SE Oregon grazing case

Agriculture, Endangered Species Act, Greenies & grant $

PNP comment: Well, we knew this was coming. Continued hypocrisy and fraudulent science backs up these Greenies. Multiple studies prove cattle are beneficial to Sage Grouse! 

Also, I am taking this reporter to task. Talk about a biased article in favor of the Greenies. No ranchers or Public Lands Council folks were quoted. Guess the reporter doesn’t realize there is a whole other side to the story. This is truly disgusting to be printed in what is supposed to be an agricultural newspaper. Shame on Capital Press! — Editor Liz Bowen

By MATEUSZ PERKOWSKI

Capital Press

PORTLAND — Environmentalists want a federal appeals court to halt grazing on a half-million acres of public land in Oregon because they say cattle are hazardous to the sage grouse.

The Oregon Natural Desert Association claims that grazing threatens  “irreparable harm” to the bird’s habitat in the Louse Canyon area of southeast Oregon overseen by the U.S. Bureau of Land Management.

The group recently asked the 9th U.S. Circuit Court of Appeals to issue an injunction against grazing in 2013 to prevent multiple threats to the sage grouse, such as a potential outbreak of West Nile virus.

Mosquitos breed in water troughs and puddles from hoof prints, encouraging the spread of the virus, which kills virtually all infected sage grouse, ONDA said.

“There’s a clear and inescapable risk of exposure if these cows are released,” said Mac Lacy, an attorney for the group, during March 6 oral arguments before the 9th Circuit in Portland.

An attorney for the BLM countered ONDA hasn’t met the burden of proof that such an injunction is necessary.

The livestock troughs used in the region are deep and designed to keep water flowing to prevent mosquito reproduction, said John Smeltzer, attorney for the government.

The connection between hoof prints and West Nile virus is a “conjectural possibility” but there’s no evidence to suggest it’s a “significant game changer,” Smeltzer said.

“There are already existing natural water sources. There are already mosquitos. The risk is already there,” he said.

ONDA claims that grazing in Louse Canyon shouldn’t be allowed in 2013 even without an injunction.

A federal judge previously found that the BLM’s management plans for the area violated environmental law and vacated grazing permits for the area.

However, the judge allowed grazing to continue under previous permits while the agency conducts further studies on the effects of grazing on the sage grouse.

ONDA argued that grazing can’t legally continue under the previous permits and must be suspended until BLM completes an analysis under the National Environmental Policy Act.

Sage grouse populations are particularly vulnerable in 2013 because of extensive rangeland fires last year, the group said.

“Relief from grazing until proper environmental review has occurred is more important than ever,” said Lacy. “BLM has to do a NEPA review before allowing grazing on public land.”

Like logging or another ground-disturbing activity on public land, grazing can’t proceed unless it’s specifically permitted by BLM — if a new permit is canceled, the previous permit doesn’t “spring to life,” he said.

According to BLM, the judge canceled permits that called for new fences and water pipelines that promoted grazing in upland areas.

When those permits were set aside, grazing was resumed under the previously approved regime, said Smeltzer.

The agency was legally allowed to fall back on those prior permits, he said. “There was no basis for finding they were invalid.”

 

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