-Caveat Lector-

QUESTION FOR EVERYBODY! WHAT IS THE AUTHORITY IN THE UNITED STATES
XONSTITUTION WHICH AUTHORIZES THE esa TO BEGIN WITH?



Remember:More people have died in Ted Kennedy's car than have died in
United States Commercial Nuclear Power plant operations
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---------- Forwarded message ----------
Date: Tue, 19 Jul 2005 17:48:00 -0700
From: STRIDER <[EMAIL PROTECTED]>
To: /RENEGADE/ <[EMAIL PROTECTED]>
Cc: [EMAIL PROTECTED],
     Earth First! alert <[EMAIL PROTECTED]>
Subject: Konformist: Proposed Endangered Species Bill Rescinds Sound Science

[EMAIL PROTECTED]

***************************************
BUSHGREENWATCH
Tracking the Bush Administration's Environmental Misdeeds
http://www.bushgreenwatch.org
***************************************

July 19, 2005

PROPOSED ENDANGERED SPECIES BILL RESCINDS SOUND SCIENCE

In addition to the dramatic crippling of the Endangered Species
Act (ESA) examined in yesterday's BushGreenwatch, Rep. Richard
Pombo's proposed Threatened and Endangered Species Recovery Act
of 2005, would do other harms as well.

The U.S. Fish and Wildlife Service has a nationwide policy to
protect threatened species from unregulated taking (hunting,
harming, or harassing). The Pombo bill would prohibit such
protection; instead it would require the agency to issue
separate regulations for each species, creating a bureaucratic
nightmare for the Fish and Wildlife Service (FWS). [1]

Moving beyond the nightmare into the realm of the irrational,
the Pombo bill would also require that citizens supply the FWS
with all data and studies used in petitions to get a species
listed. It would further require the Service to duplicate and
store all data and reports used in listing critical habitat
decisions in every state in which the species exists. This would
entail the duplication of millions of pages of information that
no one has requested.

"This will keep Fish and Wildlife Service biologists away from
the field and chained to Xerox machines," Kieran Suckling,
policy director of the Center for Biological Diversity, told
BushGreenwatch.

The mind-numbing bureaucracy created by the Pombo bill is not
the only way it affects sound science. Another provision
contributes to the growing concern over the politicization of
science.

The Endangered Species Act currently requires that all decisions
be based on the "best available scientific and commercial
information." Given the ever-improving nature of science and
technology, the term "best" is deliberately left ambiguous in
order to leave the decision up to the biologists who assess the
health of species populations. [2]

The Pombo bill ignores scientific advances. Instead it leaves
the interpretation of "best" science to the discretion of the
Secretary of Interior, Gale Norton.

"This is a key issue because the ESA is the only law that says
all decisions must be made with the best available science,
mandating that the question of what is 'best' should be up to
the scientific community," said Suckling. "But Pombo's bill
allows the Secretary of the Interior to develop her own
definition and use it to ignore studies she feels are
insignificant."

Michael Senatore, legislative counsel at Defenders of Wildlife,
adds that such terminology could invite an increase in industry
litigation, contradicting one of Pombo's stated reasons for
rewriting the ESA, which was to limit unnecessary lawsuits.

"This is blatantly inconsiderate of the rhetoric that says there
are too many lawsuits surrounding the ESA," Senatore told
BushGreenwatch.

The Pombo bill opens virtually every stage of the endangered
species listing process to litigation from industry, while
essentially barring lawsuits from environmental groups. While it
establishes an appeals process, which can be invoked by "any
person that would be injured," it allows the Secretary of
Interior to define who qualifies as an injured party. "The
expectation is that the Secretary will only allow economic harm
to qualify as an injury, which means that only corporations and
landowners who have financial stakes can appeal, but scientists
and environmentalists cannot," said Suckling.

"There has already been an acceleration of industry lawsuits
against the ESA since 2001. Deliberately opening up more
opportunities for industry to litigate is absurd," said Bill
Snape, chairman of the Endangered Species Coalition. While Snape
does not expect the Pombo bill to reach the House floor without
changes, "It does lay down the framework for future legislative
attacks on the Endangered Species Act."

###

SOURCES:
[1] "Pombo Bill would repeal endangered species act, eliminate
recovery goals and requirements," Center for Biological
Diversity, Jul. 8, 2005
http://ga3.org/ct/ypAlvYF1xXBf/

[2] Ibid. [1]

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