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ESAblawg is an educational effort by Keith W. Rizzardi. Correspondence with this site does not create a lawyer-client relationship. Photos or links may be copyrighted (but used with permission, or as fair use). ESA blawg is published with a Creative Commons License.

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florida gators... never threatened!

If you ain't a Gator, you will be, because gator blood looks like our pharmaceutical future. Click here to read the relevant ESA musing.gatorlogo2.gif

Follow the truth.

"This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it." -- Thomas Jefferson to William Roscoe, December 27, 1820.

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Thanks, Kevin.

KEVIN S. PETTITT helped found this blawg. A D.C.-based IT consultant specializing in Lotus Notes & Domino, he also maintains Lotus Guru blog.

Contributors

PETE DAVID (Albuquerque, NM). Pete is a Certified Wildlife Biologist with 25 years experience with land stewardship and natural resources programs. He previously worked with the South Florida Water Management District, Florida Department of Environmental Regulation, U.S. Department of Defense, U.S. Forest Service, and U.S. Fish and Wildlife Service (FWS). His project experience includes reintroducing the federally endangered red-cockaded woodpecker to South Florida, and the Middle Rio Grande Endangered Species Act Collaborative Program in New Mexico. Today, Pete continues to work on endangered species issues as a Senior Project Manager for SWCA Environmental Consultants in Albuquerque.

YELIZAVETA BATRES (West Palm Beach, FL). Liz is currently clerking at the Florida Fourth District Court of Appeal, after graduating from the University of Florida Levin College of Law, where she was a senior research editor of the Law Review. Liz also interned at the U.S. Department of Justice, Environment and Natural Resources Division.

« Floridians on notice: FWS may revise manatee critical habitat, list gopher tortoise; regulators also extend comment period for beluga whale and Oregon plants | Main| FWS notices: proposed revised bull trout critical habitat, future plans for jaguar critical habitat, reopened Shovelnose sturgeon comment, and a docket oops. »

Is Obama too green, or not green enough?

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Recent news articles demonstrate a clear theme: the Obama Administration is rebutting the "just like Bush" critique.  "In a sharp reversal of its predecessor's position," the Arizona Daily Star begins its article about how the Obama Administration will protect the endangered jaguar's prime habitat and develop a jaguar recovery plan, must of which is in Mexico.  See also ESAblawg on prior jaguar sightings within U.S. borders.

The Seattle Times reports that the decision to quadruple habitat protections for the bull trout, by designating 23,000 miles of streams and other waterbodies in Oregon, Washington, Idaho, Montana and Nevada as critical habitat, is "another reversal of Bush administration Endangered Species Act policy."

Still, the environmental group WildEarth Guardians is not convinced that Obama means it.  They filed a petition to list the Texas Kangaroo Rat, as ABC and AP report, and the group plans to file similar petitions for the spot-tailed earless lizard, a fish called the prairie chub, an insect called the Platte River caddisfly and the Scott's Riffle beetle, all as "part of the group's plan to file petitions and lawsuits over 36 days to persuade the Obama administration to make wildlife protection a priority."  The LA Times also reports that if the Department of Agriculture does not start regulating commercial bumble bees, the Xerces Society intends to seek ESA protections for the insect.

But the Governor of Idaho is a believer in the greening of the Obama Administration, and he's bright red angry about it.  As ABC and AP report, Gov. C.L. "Butch" Otter used his annual State of the State speech to highlighted his fight with FWS over protections for a rare desert plant, slickspot peppergrass.

Of course, the debate will never end, and some groups (on both ends of the spectrum) will never be satisfied -- no matter what.  Still, the February 26 deadline for a decision on the listing of the sage grouse could prove to be a turning point in how people view the Obama Administration.  Some folks in Wyoming and Nevada are concerned that listing of the bird will impair the implementation of green energy technology, like wind farms.  See Reuters.

It's not easy being green.

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Comments

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As the US economy recovers with renewed global trade allowing for an ever increasing flow of consumer goods being shipped into the US it should be noted in history, that despite historic legislation by the house of representatives in 2008 to curtail the destruction of our waters from ballast discharges, now in 2010 we still do not have any legislation insuring anything close to adequate. As history will record that during this period of troubled economic times individual states realizing the lack of Federal action have spent enormous amounts of money to try and protect our waters? It should also be noted that this administration despite knowing of the terrorist threat, and ecological, and human health problems has as yet failed to address the problem of ballast water and appears to be leaving it up to the military plan which follows the IMO, an organization of foreign countries, foreign companies, and foreign sea captains knowing that their organization has a terrible track record. It should also be noted that the Secretary of State is calling for a quick ratification of the Law of the Sea Treaty. By ratifying the law of the Sea Treaty without first establishing a national ballast water policy, the problem is the provisions in the treaty mirror the IMO on ballast water. Ratification of this treaty first will make it much harder to later implement national ballast water policy. With a myriad of state laws that will be impossible to enforce, without an infrastructure and the Coast Guard working on their two decade plan industry knows it has won. This is evident by a recent article in The Maritime Executive magazine where Joseph Keefe states that the regulations drawn up by individual states are only a pipe dream. { Link }
I have tried in my state to address water transported across state lines to our watersheds in fish movement during the creation of state regulation on bait fish. The regulations were drawn up during the last governor’s administration., a state official stated to me that they new what they were doing. It should be noted that Governor Patterson was instrumental in establishing some of the toughest ballast water regulations in the country. Perhaps when he started this legislation in 2008 he realized that strong ballast water legislation by this administration would be up in the air and doubted if America would have any real change. Previously only legislation that was a hoax of protection had been considered by Senators from my state that contained language such as in so far as is pr actable. Obviously the president should acknowledge the governors of all states that have been prudent to protect our waters as they may be facing fiscal crisis, and have had to spend huge amounts of money in these though economic times to insure our protection since the Federal government has failed. As our current Secretary of State, that now negotiates trade with China, involving water movement through ballast systems, did not recognize virus and pathogens in natural waters for fish transport when they were involved as a senator in NY, despite knowing that our state university, helping formulate policy about bait fish was busy studying virus in water. I doubt whether this administration will care about the dangers of ballast water or the carbon footprints associated with bring foreign products into our country in order to keep our large retail employers shelves filled with foreign manufactured products while Americans are out of work.

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