And now:Ish <[EMAIL PROTECTED]> writes:

Date: Fri, 25 Jun 1999 10:57:12 -0600
To: "Wild Rockies Alerts" <[EMAIL PROTECTED]>
From: Wild Rockies InfoNet <[EMAIL PROTECTED]>
Subject: Conservation Groups Sue EPA for Ignoring Montana's Endangered Fish

Conservation Groups Sue EPA for Ignoring Montana's Endangered Fish
a news release from the Friends of the Wild Swan

______________________________
For Immediate Release:  June 24, 1999
For More Information:
Mike Wood
Alliance for the Wild Rockies, Montana,
(406) 721-5420
mailto:[EMAIL PROTECTED]

Steve Kelly
Friends of the Wild Swan, Montana,
(406) 586-0180
mailto:[EMAIL PROTECTED]


Groups Say EPA Must Consult With U.S. Fish and Wildlife Service Before
Approving State's Clean Water Act Compliance.

Swan Lake, Montana - Two Montana-based conservation groups filed suit late
today against the Environmental Protection Agency (EPA) for failing to
consult with U.S. Fish and Wildlife Service when its decisions may affect
Montana's federally-listed native fish species.  Since 1992, EPA has
approved the State's biennial list of impaired waterbodies, and has signed
off on individual pollution cleanup plans - called TMDL's (Total Maximum
Daily Load) - for lakes, rivers and streams not meeting state water quality
standards.

Montana's waters are home to three species of native fish in such serious
decline that  they are protected under the ESA.  Plaintiff groups allege
the EPA has ignored its mandatory duty under the provisions of the
Endangered Species Act (ESA) to prepare a biological assessment and consult
with the Service when the aquatic habitats of sturgeon, bull trout and
Arctic grayling  -  all federally listed species - are involved.  The
consultation process comes under Section 7 of the ESA, which is routinely
used to determine if a federal agency action may jeopardize the continued
existence of a listed species.

"The Clinton/Gore administration's unwritten policy for federal agencies
charged with protection and recovery of endangered species is to practice a
systematic pattern of lawlessness and foot-dragging," said Steve Kelly,
president of Friends of the Wild Swan.  "We remain determined to prevent
the extinction of Montana's native trout by re-acquainting EPA to its
statutory duties under the Endangered Species Act in the only language they
seem to understand."

"EPA's refusal to follow the most basic procedures of the ESA is
inexcusable," said Mike Wood of the Alliance for the Wild Rockies based in
MIssoula, Montana. "There are no exceptions, the EPA must consult  with
U.S. Fish and Wildlife Service when their decisions may adversely affect
bull trout, grayling  or sturgeon."

Conservationists contend EPA's inaction is part of a disturbing national
pattern.  They want to send a clear message to the Clinton/Gore
Administration that we want our native fish, and the aquatic ecosystems
upon which they depend, protected and restored.

"Purposely violating federal law isn't going to cut it anymore in Montana,
especially now that we know the poor condition of the habitat and the
seriousness of the extinction crisis facing our native trout populations,"
Kelly concluded.

~~~~
Friends of the Wild Swan
P.O. Box 5103
Swan Lake, Montana 59911
Phone (406) 886-2011
mailto:[EMAIL PROTECTED]



Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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