OMRA Legal News 
OMRA Legal News
Ninth Circuit Court Sets Precedent for Science in Landmark ESA Case
Date: Wed, 25 Feb 2004 11:07:37 -0500
From: Resources Communications <Resources.Press@MAIL.HOUSE.GOV>
Subject: Ninth Circuit Court Sets Precedent for Science in Landmark ESA
Ca se
Approved-by: Resources.Press@MAIL.HOUSE.GOV
To: PRESSRELEASES-CA11@ls1.house.gov
For Immediate Release
February 25, 2004
Contact Brian Kennedy at (202) 226-9019
Ninth Circuit Court Sets Precedent for Science in Landmark ESA Case
Washington, DC - A ruling yesterday by the Ninth Circuit Court of
Appeals confirmed a lower court's decision that scientific
contributions to species recovery must be incorporated in Endangered
Species Act (ESA) decision making. At issue in this case was how the
National Marine Fisheries Service (NMFS) counted Oregon Coast coho
salmon in determining the species' status.
Background: The Pacific Legal Foundation (PLF) filed suit in U.S.
District Court charging that NMFS counted only naturally spawned
salmon, disregarding hatchery spawned salmon, thereby keeping fish
counts artificially low and invoking unnecessary protection under the
ESA. District Court Judge Michael Hogan agreed, ruling that the
agency acted illegally. As a result, NMFS instituted status reviews
of salmon and steelhead listed under the ESA across Western States.
Environmentalists then appealed the case to the Ninth Circuit, which
also ruled in favor of PLF. In dismissing the appeal, the court ruled
that environmentalists could participate in the public process on
status reviews like other citizens and had no basis for suit.
"This could be the best precedent ever set in Endangered Species Act
case law," Resources Committee Chairman Richard W. Pombo (R-CA) said.
"By arguing that some fish are somehow superior to other fish,
environmentalists have once again revealed their radical beliefs that
humans can do no good for species. Given modern science and common
sense, this court just reaffirmed that such extreme positions are
absurd and can be detrimental to species recovery. To be successful
in our stewardship role we have to use all the tools at our disposal,
especially advanced science."
"Hopefully, this case will serve as a catalyst for the use of 21st
century science and American ingenuity in species recovery," Pombo
continued. "That's exactly what we need to do to be successful, and
Americans understand that. Endless, frivolous litigation does nothing
to save species, but that is the unfortunate state of the ESA today."
"With the Ninth Circuit's dismissal of this appeal, the 'sky is
falling' rhetoric of hard-core environmental activists has been
debunked and their true agenda exposed," said PLF attorney, Russ
Brooks. "This attempt to control private land use in the name of
species protection has been successfully shut down. Families in the
Pacific Northwest are sick of environmental hysterics that have
resulted in rising home prices, choking traffic, higher taxes and a
slowed economy," Brooks continued. "Chalk up a win for people with
today's decision."
According to Brooks, the biggest impact of the decision is the fact
that it reinstates the district court's order invalidating and
setting aside the coho listing, which had been postponed during the
appeal. Consequently, the Oregon Coast coho listing no longer exists
and may not be enforced. This decision stands to have huge
implications for land stewards and natural resource providers-such as
farmers, ranchers, and timber harvesters -- as well as local
governments and citizens struggling with infrastructure development
of schools, hospitals, and highways.
Following news of the decision, PLF called on NMFS to promptly
complete its review of the hatchery policy and salmon and steelhead
listings, consistent with the district court and Ninth Circuit
decisions. NMFS has missed several deadlines in releasing the new
hatchery policy and the results of its status review.
###
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John Stewart
Director, Environmental Affairs
United Four Wheel Drive Associations, http://www.ufwda.org
Natural Resource Consultant
California Association of 4 Wheel Drive Clubs, http://www.ca4wdc.com
Recreation Access and Conservation Editor, http://www.4x4wire.com
Moderator, MUIRNet - Multiple Use Information Resource Network