ESWR January 2002 links

Front page

Corps issues new NWPs

• Final NWPs (text)
• Final NWPs (PDF)
• Enviro groups' release
• Corps release
• Chart with summary of changes from proposal
• Comments on 8/9/01 proposal
• NAHB reaction (1/15/02 release)
• Corps clarifies

Tahoe case

• Briefs from the case
• Official transcript in PDF format
• Links to some press coverage from Community Rights Counsel

Rest of the issue

Arizona

• EPA says it erred by granting SW permit in owl habitat
  • Letter from EPA's Alexis Strauss to Mira Loma attorney Jay Shapiro (1/15/02)
  • Defenders' NOITS to Corps, FWS, FHwA re: authorizing projects in pygmy-owl habitat w/o consultation, and failure to develop and implement a recovery plan (10/2/01)
  • Letter from Defenders of Wildlife litigation director Mike Senatore to Alexis Strauss (1/18/02)
  • Letter from Defenders of Wildlife to Mira Loma: Notice of Intent to Sue re: Chaparral Heights (1/24/02)
  • Chaparral Heights biological evaluation, intro plus chapters 1-3
  • Chaparral Heights biological evaluation, chapters 4 thru appendices A&B
  • Chaparral Heights biological evaluation, pygmy-owl survey info
    • Defenders' NOITS re: Continental Reserve (11/30/01)
    • Defenders' NOITS "regarding the issuance of certain nationwide permits and regional conditions" within the range of the pygmy-owl (12/6/01)

Courts (not otherwise categorized)

• Smuggling of bald eagle parts nets 2-year sentence
  • DOJ release

• Latest news: Settlement reached on Bitterroot sale; 14,770 acres, 60 M board feet to be logged
  • Settlement agreement (PDF)
  • Associated Press story (2/7/02)
  • Oregonian (2/8/02)
  • Missoulian
• Judge Molloy's order
• Earthjustice press release
• Article from Alliance for the Wild Rockies on Bitterroot plan

• Earthjustice wins $300K-plus in attorneys' fees (Order)

• Suit challenges Corps coalbed methane NWP (Complaint)
  • Coalbed methane complaint filed (Earthjustice press release, 1/17/02)

• Legal roundup: Rock Creek mine, San Joaquin Delta fish, eagle feathers case, bull trout CH settlement, more
• FWS calls time-out on Rock Creek Mine (Earthjustice press release, 1/29/02)
  • Complaint (Rock Creek Alliance v. U.S. Fish and Wildlife Service, D. Mont.)

• Eighth Circuit eagle feathers taking decision (U.S. v. Kornwolf (01-2394, 8th Cir., 1/16/02)

• 60-day notice on Delta smelt, Sacramento River winter-run chinook
  • Press release
• Bull trout CH settlement

• Delmarva fox squirrel appellants' brief

From page 22:

• CBD seeks CH designation for unarmored threespine stickleback

• Gnatcatcher, S.D. fairy shrimp would be protected without CH, FWS says
  • Government's brief in support of motion for voluntary remand (12/7/01)
  • Government's reply to plaintiffs' opposition to motion for voluntary remand (1/7/02)
  • Government's supplemental brief (1/24/02)
  • NRDC's brief in opposition to government motion for voluntary remand (12/28/01)
  • NRDC supplemental brief
  • Rancho Mission Viejo response to government's motion for voluntary remand ()
  • Rancho Mission Viejo's supplemental brief ()
  • Orange County response to motion for voluntary remand
  • BIA of Southern California brief in response to government's motion for voluntary remand (12/28/01)
  • San Diego Gas & Electric response to government motion
    • New Mexico Cattle Growers decision

Florida

• FWS sets up two manatee refuges in Brevard (FWS rule from 1/7/02 Federal Register)

Mining

• Threatened fish might be moved to accommodate coal operation
  • Letter from FWS to Core Management (10/25/01)
  • 1996 Programmatic Biological Opinion

• More documents (provided by Kentucky Resources Council)
  • Kentucky DSMRE letter to Core Management, saying it considers permit application "technically withdrawn" because of deficiencies (12/26/01)
  • Instructions from FWS Atlanta regional office to Cookeville, Tenn., office to prepare letter to Ky Dept for Surface Mining, Reclamation and Enforcement, which is "not to mention Section 7" (10/24/01)
  • Letter from Ky Dept for Surface Mining, Reclamation and Enforcement to FWS (10/19/01; mentions programmatic BiOp)
  • FWS letter to DSMRE re: aquatic survey report (8/22/01)
  • FWS Cookeville office briefing paper for Atlanta regional office (8/28/01; mentions prog. BiOp)

• Corps announces data error on mining NWP
  • Corps e-mails with handwritten numbers

Miscellaneous

• Senate confirms new FWS director, ass't secretary for fish and wildlife
  • Manson confirmed (DOI release)
  • Steven Williams confirmed (DOI release, 1/30/02)

• Norton announces $100M grant program (DOI release, 1/31/02)
  • Q&A on Cooperative Conservation Initiative (from DOI page)

• Corps regulatory chief moves to Florida office

• NPS lifts gag order on Yellowstone ranger
  • Gag order lifted (PEER release, 12/27/01)

• Congressional reps violated Hatch Act in calling for biologists' dismissal, PEER says
  • Lynx fur shouldn't fly; scientists vindicated (PEER press release, 1/22/02)
  • Congress members violate ethics rules in lynx case; political involvement in discipline prohibited by Hatch Act (1/17/02)
  • PEER fact sheet on controversy
  • Seattle P-I story on hearing before Washington state Senate Natural Resources Committee (1/17/02)
  • Summary of investigative report

• Right whale regulations released to criticism
  • Updated outreach materials on Atlantic Large Whale Take Reduction Plan are here
  • Status report filed with court Jan. 11 by CLF, HSUS (Conservation Law Fdtn. v. Evans, 00-12060 DPW, D. Mass.)

Register Report

• Plum Creek NFHCP page

Scientific reports

• Natural flow recommended for Missouri River
  • Go here and scroll down for links to Mizzou report info
  • Go here for report in PDF format (ESWR page)
  • Daschle press release

• Atlantic salmon genetically distinct
  • Go here for report in PDF format (ESWR page)
  • Links to Angus King's salmon page
  • NAS Atlantic salmon link

Wetlands

• EPA, Corps still working on SWANCC guidance
  • Correction: Contrary to what we reported in the issue, the Rices and the government did ask for panel rehearing of the Rice v. Harken decision in the Fifth Circuit. Neither party, however, sought Supreme Court review.
  • House letter (12/13/01)
  • Senate letter (1/18/02)

  Decisions

  • Decision in Rice v. Harken (250 F.3d 264, 5th Cir., 4/25/01)
  • Headwaters v. Talent Irrigation District decision (243 F.3d 526, 9th Cir., 3/12/01)
  • Opinion in Idaho Rural Council v. Bosma, 99-581-S-BLW (D. Idaho, 6/4/01)
  • Opinion in U.S. v. Buday (138 F. Supp. 1282, D. Mont, 4/11/01)
  • Order in U.S. v. Rueth (96-540, N.D. Ind.)

• Court upholds fines for not following consent decree
  • U.S. v. Alshabkhoun (01-1380, 7th Cir.) (from district court case, 98-C-583-S, W.D. Wisc., John C. Shabaz, Judge).

• Interior fails to submit comments on wetland permits
  • Suggested preamble language (with fax cover page)
  • Washington Post story: "Interior's silence on Corps plan questioned" (by Michael Grunwald, 1/14/02)

  Copyright Poplar Publishing 2002