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Month: October 2008

October 31, 2008

clarification on Interior regs

The Department of Interior has a site concerning the "Myths and Realities About the Proposed ESA Regulations," available here. ...

October 31, 2008

More media misunderstanding of the proposed ESA regs

This article from makes, directly and indirectly, a number of rather gross errors in describing the potential effect of the proposed ESA regulatory changes.  For example, the article observes that "the rules, which are being pushed through administratively without congressional input, would limit the oversight the U.S. Fish ...

October 30, 2008

Decision rendered in listing challenge to California steelhead populations

On Monday, Judge Wanger of the Eastern District of California upheld, in California State Grange v. National Marine Fisheries Service, NMFS's listing of five distinct population segments (DPSs) of steelhead trout (O. mykiss).  PLF represents the plaintiffs, a coalition of timber, agricultural, and municipal water interests.  The cas ...

October 29, 2008

Baldwin Park Eminent Domain News

There's going to be a town hall meeting in Baldwin Park tonight to discuss the city's plan to condemn several hundred homes for redevelopment. ...

October 29, 2008

New Study: Dams not the cause of salmon decline in the Northwest

So implies a recent study published in PLoS Biology and discussed here.  This finding is significant, given the immense amount of litigation in the Pacific Northwest over the effect of hydroelectric power dams on ESA-listed salmon populations.  The study's principal conclusion is that adverse ocean conditions, not dams, is likely th ...

October 29, 2008

more commentary on proposed Section 7 regs

At Uncommon Ground, Kent has expressed skepticism over the proposed Section 7 consultation regulations.  In particular, he points to NOAA's recent notification of the Federal Energy Regulatory Commission that the approval of a natural gas terminal required Endangered Species Act consultations, and then asks, "What d ...

October 28, 2008

Eminent Domain Destroys Long Beach Landmark

Redevelopment bureaucrats in Long Beach, California, have overseen the destruction of Acres of Books, a bookstore that's served the community for almost 75 years. More at the California Alliance for Property Rights. ...

October 28, 2008

Draft Environmental Assessment Released on ESA reg amendments

Yesterday the Service released its draft EA on the proposed regulatory amendments governing Section 7 consultation.  The EA is required under the National Environmental Policy Act.  The Interior Department website has an excellent fact sheet explaining common misunderstandings regarding the nature and scope of the proposed amendme ...

October 27, 2008

Bangor Daily News on proposed ESA reg amendments

An editorial in today's Bangor Daily News criticizes the proposal to streamline review of federally approved projects that will not have an adverse effect on protected endangered species: In August, the administration, through the Departments of Commerce and Interior, proposed to eliminate a key provision of the act, which requires agencies tha ...

October 27, 2008

New environmentalist challenges to critical habitat designations

Earlier this month, the Center for Biological Diversity filed suit in several federal district courts challenging various critical habitat designations, on the grounds that these designations were improperly influenced by political considerations.  Among the designations challenged is the habitat for the Sonoma County population of the ...