St. Johns project blocked by U.S. District Judge James Robertson, page 6. Opinion is here.
Analysis: Congress is SJB/NMF's best shot, page 7: Senate energy and water approps bill (SEC. 145.)
ENS story ("Environmentalists Win Halt to Missouri Flood Control Project," 9/17)
Corps regulator pleads guilty to falsifying permit document, page 9.
Method developed to assess wetlands across watersheds, page 10
Press release Smithsonian, 9/14/07
Links to Wetlands TOC
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<tx>Endangered species, wetlands and takings news from Endangered Species & Wetlands Report
<tx>Latest news from Endangered Species & Wetlands Report
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Posted Oct. 12: Former Rep. Richard Pombo's 2006 campaign misused campaign funds; received too much from tribal and corporate entities; misstated its financial status; and made "untimely deposits" of $671,045. That's according to an FEC audit released the other day.
Latest (posted Fri, Oct. 12): A judge in West Virginia has said no to four more valley fills at the Callisto Mine in Boone County, W.V. U.S. District Judge Robert Chambers granted a TRO and PI on Oct. 11. Here's the opinion.
Oct. 11: The Fish and Wildlife Service has responded to Sen. Wayne Allard's charges about the handling of the entire Preble's meadow jumping mouse listing controversy.
Oct. 10: Judge issues TRO stopping construction of border fence. From the docket: "MINUTE ORDER: Upon consideration of plaintiffs' motion for a temporary restraining order, and the defendants' response thereto, and for the reasons stated in open court, plaintiffs' motion for a temporary restraining order is hereby GRANTED. It is further ordered that the construction of, and the activities related to the construction of, all border walls, fences or roads within the San Pedro Riparian National Conservation Area be halted immediately pending further order of the Court. SO ORDERED. Signed by Judge Ellen S. Huvelle on 10/10/2007." [Plaintiffs' reply is here.]
Supreme Court rejects> Rapanos petition filed by Mass. cranberry farmer
Oct. 9: Judge orders NMFS to produce new listing decision on Oregon coast coho within 90 days 10/9/07 (3 pages). More docs:
- Judgment
- Stewart's findings and recommendations
- Earthjustice release 10/9/07
USGS polar bear studies put Kempthorne in hot seat
HCPs don't have to advance species recovery, Sullivan rules
Julie MacDonald
Former official picked up time-off award in March, page 3 (FOIA response w/ 1-page SF-50)
FWS must tell judge its plans for lynx critical habitat
- Latest opinion and order (9/29/06)
CBD sends notice of intent to sue over decisions affecting 55 species, page 12. Press release is here.
Species:
Hybrid salamanders doing well in California, page 5: PNAS abstract and UT release 9-18-07
"Interbreeding Between Invasive and Native Salamander Species Creating Hardy Hybrids Likely to Replace Parental Populations" (NSF news release, 9/22/07)
- CH settlement reached on corals, sawfish, sturgeon, page 8. CBD release, 9/4/07
- Vanderbilt student demonstrates genetic uniquness of whorled sunflower, page 10 (9/11/07)
Right whale ship strike rule held up at White House, page 10. PEER press release from August.
New 90-day finding on pygmy rabbit ordered>, page 12
Playa Vista development suffers setback
Takings project wins journalism prize
Circuit courts of appeals
- From 9/24 email update: Ninth Circuit zaps expansion of ski area in Oregon, citing effect on Pacific fisher
The Ninth Circuit has put the brakes on expansion of the Mount Ashland Ski Area in Oregon until the Forest Service corrects NFMA and NEPA violations (Oregon Natural Resources Council v. Goodman, 07-35110).
Writing for the court, Circuit Judge Milan D. Smith Jr. said:
"We hold that the Forest Service failed to properly evaluate the impact
of the proposed MASA expansion on the Pacific fisher, in violation of
both the [National Environmental Policy Act] and the [National Forest
Management Act], and that it violated the NFMA by failing to appropriately
designate Riparian Reserves and Restricted Watershed terrain, as
required by the Rogue River National Forest Land and Resource
Management Plan and the Northwest Forest Plan."
The court reversed U.S. District Judge Owen Panner in Oregon, who had ruled in February that the project could go forward. Circuit Judges Stephen Reinhardt and Cynthia Holcomb Hall joined Smith.
In finding for the appellants, the court said an injunction won't stop "ongoing economic activity but would
simply delay the expansion of an existing facility."
- San Juan County v. U.S.A., 04-4260 (10th Circuit, 10/3/07)
SUWA cannot intervene in county's attempt to gain control of a road in Canyonlands NP through the Quiet Title Act.
SUWA "failed to overcome the presumption that its interest was adequately represented by the federal defendants," the 10th Circuit said, also affirming the district court's denial of SUWA's application for permissive intervention under Rule 24(b).
But the court, in an en banc decision, upheld generally the right of environmental plaintiffs to intervene in Quiet Title cases.
Use of sonar upheld by 9th Circuit
Aug. 31: 9th Circuit rules for Navy (2-1 decision contains strong dissent)
Earlier...
Migratory birds
- GAO report ("Prairie Pothole Region: At the Current Pace of Acquisitions, the U.S. Fish and Wildlife Service Is Unlikely to Achieve Its Habitat Protection Goals for Migratory Birds. GAO-07-1093, September 27")
Aerial hunting of wolves
Area IV case in California
Vernal pool case
Miscl.
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