September 2005 issue links

Last updated Oct. 26

Editor's note: As always, bug me at steve@eswr.com if you don't see something that's not posted. Chances are I've got it and just didn't provide a link. Or I can get it and post it.

New stuff

FWS issues positive 90-day finding on petition to delist gray wolf in northern Rocky Mountains.
Wyo. press release (10/17/05)
Wyo. link (7/1/05) (has link to MP3 of governor)
Wyoming brief in support of petition
Proposed rule changes
Federal Register notices (Oct. 25: Economic analysis released for proposed critical habitat for Sonoma population of Calif. tiger salamander; news release)
Natl. Research Council report will look at ecological effects of highways (Extra story)
"Lawsuit could set precedent for mines" ( Paula Dobbyn, Anchorage Daily News, 10/25/05; "At issue basically is how strictly mine waste -- called tailings -- should be regulated and where it can be located.")

Oct. 24 - Corps releases draft operating plan for Missouri River that includes spring pulse.

Corps page with new operating plan

More news...

9th Circuit finds Klamath BiOp illegal (ESWR Update, 10/18/05; updated with Klamath Water Users response) (Opinion)
Here's one we missed for the last issue. GAO Report: Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure That Compensatory Mitigation Is Occurring, GAO-05-898 (9/8/05) (Excerpt: "Overall, the seven Corps districts GAO visited performed limited oversight to determine the status of compensatory mitigation. The Corps required monitoring reports for 89 of the 152 permit files reviewed where the permittee was required to perform compensatory mitigation. However, only 21 of these files contained evidence that the Corps received these reports. Moreover, only 15 percent of the 152 permit files contained evidence that the Corps had conducted a compliance inspection.")
GAO report: Klamath River Basin Conservation Area Restoration Program: Limited Assurance Regarding the Federal Funding Requirements

Alameda whipsnake critical habitat proposed (10/18/05)

Front page

House passes ESA rewrite

Go here for documents (Please email me if there's something you think should be posted or need something that isn't)

Rapanos, Carabell petitions accepted for review by Supreme Court

Carabell docket
Carabell opinion (9/27/04)
Carabell petition
Gov't opposition to Carabell
Pacific Legal Foundation on Carabell
Rapanos docket
Rapanos opinion
Rapanos petition
Gov't opposition to Rapanos
Rapanos reply
Amicus of Wash. Legal Fdtn.
"Redefining Federalism" page from Community Rights Counsel (includes questions presented by petitions)
NAHB press release on cases
SCOTUS Blog

Rest of the issue

Congress

Effort to rewrite ESA faces tougher road in Senate, page 3
Cost of H.R. 3824 property "aid" provision debated, page 4
Dale Hall confirmed to head FWS, page 12
- News release, w/ Norton statement
- Statement of Dale Hall at confirmation hearing before Senate EPW (9/22/05)

Miscellaneous

Condor chick dies of West Nile, page 11
- Press release (9/23/05)
EPA must evaluate effect of pesticides in frog habitat, page 25
Press release on frog order
CRLF order

Listings/critical habitat/candidates

Bull trout designation adds, subtracts, page 10
Arkansas shiner CH shrinks in final rule, page 11
Western snowy plover CH reduced; econ. analysis criticized, page 14 --Interior's Manson reacts strongly to CBD charges, page 15
Second petition filed for Mohave ground squirrel, page 17
Idaho plant subject of FWS/Forest Service CCA, page 17
Crownscale gets no critical habitat, page 24
- FR notice (10/13/05)
- Peer review, Scott White (White & Leatherman Bioservices)
- Peer review, Fred Roberts
  - More from Roberts, incl. CV
- Peer review, David Bramlet (Dec 2004 and Sept 05)
- Calif. Native Plant Society comments
Costs of CH for Palm Springs plant evaluated, page 25

NMFS

NMFS given a year to finish new Columbia BiOp, page 6
Service denies petition for right whale emergency rule, page 7
Request filed to supplement Upper Snake complaint, page 7
Judge rules for NMFS on sea turtle protections in Atlantic pelagic fishery, page 12
- Leon opinion
- Press release on complaint
NMFS ordered to reinstate scallop closures, page 13
- Huvelle order on motion for clarification and to alter or amend judgment
- Huvelle's Aug. 2 opinion
- Declaration of Roderick Murray (Fisheries Survival Fund)
- FSF's reply to Oceana's brief opposing motion to alter or amend judgment (9/14/05)
- Declaration of Patricia Kurkul (NMFS NE Regional Administrator)
- FSF brief in support of motion to alter or amend judgment
- Oceana brief in opposition
- NMFS reply in support of motion to clarify order
- NMFS sea turtle info

Register Report, pages 18-23

Mountain yellow-legged frog CH proposed, Salt Creek tiger beetle, much more

Supreme Court

Roberts gets job, offers little hint on Commerce Clause leanings, page 8
- Trancripts from AP (Go to Day Two)
- Community Rights Counsel
- Excerpt on trips for judges
Petition denied in Stearns, takings case out of Federal Circuit, page 8
Review sought of 9th Circuit ESA/pesticide decision, page 9
Cert granted in Maine dam "discharge" case, page 15
- S.D. Warren docket
- Opinion (Maine Supreme Judicial Court)
- Petition
- AP coverage
- Intervenors' opposition
- State opposition

Takings (also see "Supreme Court")

Palazzolo finally calls it quits, page 9
- Press release
Oregon compensation measure struck down, page 26

Wetlands

Corps erred in granting permit for Florida biotech center: judge, page 16
Isolated determination for 112 acres in Ga. challenged, page 24
EPA appeals board upholds penalty for Va. fill, page 25
Ninth Cir. rules for Corps in "adjacent wetlands" case, page 26
- Opinion
- District court order
- Oral arguments (Windows Media file)
GAO says data lacking on Corps "no jurisdiction" calls, page 26
- Report
- EJ news release (10/10/05)