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Month: June 2008

June 30, 2008

on the question of environmental compliance costs

Freelance writer Ed Quillen recently wrote an op-ed on Colorado mining interests' fight against proposed drilling regulations in the Denver Post, and Ted Zukoski offered praise for Quillen's piece today at unEARTHED, the Earthjustice environmental blog.  Both Quillen and Zukoski take issue with the audacity of the Colorado Oil and Gas ...

June 30, 2008

Camp Bullis update

Last week, Aquifer Guardians in Urban Areas dropped its Endangered Species Act lawsuit against INTCO Dominion Partnership, a developer, in light of the U.S. Fish and Wildlife Service's decision to monitor INTCO's construction.  Apparently, as WOAI reported yesterday, AGUA has now decided that FWS's presence is not enough to ensure ...

June 30, 2008

Reconsideration denied in 5 year status review case

The D.C. District Court denied rehearing last week in American Forest Resource Council v. Hall, a case raising issues regarding the 5-year status review process under the ESA very similar to those raised in Coos County (see here). In American Forest, the court held that the Service's 5-year status reviews are not final agency actions ...

June 27, 2008

Coastal Commission snuffs out this year's Gualala fireworks show

On June 11, the California Coastal Commission issued a cease-and-desist order against the Gualala Festivals Committee (GFC), a small group of citizens who volunteer their time and money to organize fun events for the small coastal town of Gualala, California–including a fireworks show for the Fourth of July.  The cease-and-desist prohib ...

June 27, 2008

Delta Smelt and Hatcheries

The Delta Smelt has received much attention as of late owing to Judge Wanger's injunction substantially reducing water deliveries from federally funded irrigation projects in California, owing to those projects' jeopardizing effects on the smelt.  California Senate Bill 994, voted favorably out of committee this week, may ameliorate t ...

June 27, 2008

Coos County update

More analysis on the Ninth Circuit's Coos County decision is available at Keith Rizzardi's ESA blawg. ...

June 26, 2008

Ninth Circuit decision in Coos County Board of County Commissioners v. Kempthorne

Today the Ninth Circuit Court of Appeals issued a disappointing decision in Coos County Board of County Commissioners v Kempthorne, et al. The question in the Court's decision was as follows: We are asked to decide whether the Fish and Wildlife Service ("FWS") has an enforceable duty promptly to withdraw a threatened species from the ...

June 26, 2008

Florida 60-day notice editorial

An editorial published in yesterday's Newnan Times-Herald reflects upon Florida's notice of intent to sue the Army Corps of Engineers, which was discussed a few days ago at PLF on ESA: Granted, Florida and Alabama think Georgia — and the Atlanta region in particular — has mishandled growth. While that argument may have some meri ...

June 25, 2008

Camp Bullis and critical habitat

An interesting Endangered Species Act story is occurring in and around Camp Bullis, near San Antonio.  Camp Bullis is a military site, used for live-fire exercises and medic team training.  With development nearby, the problem is that construction may result in the Golden-cheeked Warbler, an endangered bird, taking up habitat in Camp Bu ...

June 24, 2008

Alaska, polar bears, and conservation

Regarding the (Alaska Governor Sarah) Palin Administration's 60-day notice in opposition to the polar bear listing (available here), Jeannette C. Schuster recently remarked on Tonkon Torp LLP's Sustainability Law Blog that considering that Alaska touts itself as "the premier destination for adventure and ecotourists seeking a personal ...