January 2004 issue
Front page
Story that should have been in the issue
Editor's note: Links are below to story on p. 11 (not mentioned in Inside Box on front page): "Wyoming a roadblock to wolf delisting."
More news
- Jan. 30: Texas company receives check for $894,813 for EPA dumping of mining waste in limestone quarry. Damages and interest totalled about $518,000; attorney's fees were $260,000, and costs were $116,000. "This is the first case in which the U.S. Court of Federal Claims has awarded compensation to a property owner as a result of an EPA Superfund cleanup," says the press release from Marzulla & Marzulla. 2002 opinion from Judge Loren Smith is here.
- Jan. 30: Judge enjoins implementation of Mission Ridge Burned Timber Salvage Project on San Juan NF in Colorado
Opinion and order by Zita L. Weinshienk, Senior Judge (Colorado Wild v. U.S. Forest Service, 03-Z-2592 (PAC), D. Colo.). Court rules for the plaintiff on the NFMA MIS claim, but declines to reach other NFMA claims or NEPA claim. Excerpts follow.
- "Forest Service has an obligation to collect and analyze quantitative population data, both actual and trend, for [Management Indicator Species.] Further, this requirement applies at both the forest-plan level and the project level."
- "The record is replete with evidence that the Forest Service lacks the required data. In the FEIS the [FS] admits that it lacks quantitative data to determine population trend on the [San Juan National Forest] of the Albert's squirrel, green-tailed towhee, hairy woodpecker, Merriam's turkey, and mountain bluebird."
- "Biological integrity is at risk due to the Forest Service's failure to collect population trend for the [six MIS species]."
- Listing petition submitted for Cherry Point herring. "Cherry Point herring are a distinct population of Pacific herring that spawn along the open shoreline north of Bellingham," Washington, says press release (PEER and other groups' PR, 1/21/04)
- Lawsuit challenges Altamont Pass wind farms over bird kills (PDF of CBD PR, 1/12/04) (PR from CBD web page
- CBD's Altamont site with link to lawsuit
- CBD releases report on damage done by Calif. wildfires (2/3/04)
- Dragonfly CH lawsuit filed (CBD PR, 2/4/04)
- Global warming likely to increase species extinctions, study published in Nature says (Paper)
(1/13/04)
Front page
Deaton, Newdunn petitions opposed
SFWMD, Miccosukee CWA in Supreme Court
Rest of the issue
Budget
- FWS asks for big critical habitat increase (FWS request)
Listings/CH
- Lawsuit challenges vernal pool species CH designation
- Tiger salamander petition submitted to CDFG
(CBD press release, has link to petition)
- Peppergrass listing proposal withdrawn in favor of CCA (FWS withdrawal of proposed rule)
- Fla. black bear listing still not warranted, FWS says (FWS finding)
- Opinion in Defenders of Wildlife v. Norton, 99-2072 HHK, D.D.C., 12/13/01)
- Seaside sparrow CH revision schedule ordered (Order, 12/31/03)
- Midvalley fairy shrimp don't need listing, FWS says (Finding
- Judge's lynx order depends on remand from appeals court (Kessler's decision)
- Preble's doesn't benefit from being "threatened," study says (can't post because of copyright)
- Yellowstone cutthroat trout listing sought (Complaint)
- Wyoming a roadblack to wolf delisting
- Other news coverage
Miscellaneous
- Maine Atlantic salmon in dire straits, NRC report says (Report is here)
- Smithsonian chief receives probation for feathers
- Ex-DOI solicitor cleared by Inspector General (documents will be scanned)
- Snowmobile phaseout order stays in place
- No Surprises can still be used, FWS says (Guidance)
- Former FWS Director joins Defenders of Wildlife
- Florida panther science team criticizes researcher
NMFS
Pesticides
Barton Springs lawsuit: Complaint (Save Our Springs Alliance v. Horinko, ) and 60-day notice (9/22/03)
FWS comments on atrazine risk assessment (6/27/02)
USGS research cited in complaint (Occurrence of Soluble Pesticides in Barton Springs, Austin, Texas, in Response to a Rain
Event, Mahler, B.J. and P.C. Van Metre,)
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Southwest
- 10th Circuit vacates minnow decision, but case still alive
- Part of New Mexico salvage sale halted (TRO)
- 9th Circuit withdraws Section 7 grazing decision (Order, 1/27/04)
Supreme Court
- Gov't opposes ESA Commerce Clause petition (Opposition)
Takings
- $14 M awarded to California irrigators in ESA case (Opinion)
- Peat company loses in Claims Court (Opinion)