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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.

« FWS notices: proposed revised bull trout critical habitat, future plans for jaguar critical habitat, reopened Shovelnose sturgeon comment, and a docket oops. | Main| NOAA priorities preclude critical habitat revisions for staghorn coral in South Florida »

Logical, illogical, or ecological? Food for thought on environmentalist ratings and rantings.

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Earlier today, the Center for Biological Diversity issued its press release giving the Obama Administration a "C" grade for its first year of handling of endangered species, climate, energy, public lands and oceans.  According to the CBD press release "While the Obama administration has not shown the ideological opposition to environmental protection of the previous administration and has taken a number of positive steps, the administration has fallen far short of delivering the promised "change" in overall environmental policies."  In discussing the Endangered Species Act, CBD offered the following analysis, quoting Noah Greenwald, the CBD endangered species program director:
"On endangered species, the Center gave the administration a solid C, as for every positive action there seemed to be a negative action of equal scope.  For example, the Obama administration rescinded regulations passed in the final days of the Bush administration that would have gutted enforcement of key provisions of the Endangered Species Act, but retained a rule weakening protection for the polar bear.  The Obama administration also moved forward with a Bush initiative to remove protections for the gray wolf, and has only listed two new species as endangered, which is the fewest protected in the first year of any administration since the Reagan administration.  The Obama administration has not prioritized protection of the nation's endangered species, meriting their grade of a C.  After the dark days of the Bush administration, wholesale reform of the U.S. Fish and Wildlife Service's endangered species program was needed and this has simply not occurred."  
 
In other words, after years of screaming at an ecotone-deaf Bush Administration, CBD has a receptive ear in President Obama, and they ... continue screaming?  Taking a cynical, "all publicity is good publicity" viewpoint, CBD is making news, so they must be doing quite well.  (After all, they got ink here, right?)  But then again, here are my three food-for-thought questions:
  • Sensible strategy, or self-defeating?  Is CBD performing a valuable role as an outlier in the world of interest group politics, shifting the debate to help other environmental groups seem moderate?  Or is CBD a poster-child for a clueless environmental movement that bites the hand that feeds it?
  • Does every action have an equal and opposite reaction?  Regardless of whether you believe CBD is a clever strategic outlier, or just an ineffective radical, does their approach simply spawn counterbalancing techniques by groups like the Pacific Legal Foundation, and others?  
  • Does it work?  Do continuous criticisms compel politicians to revisit their own actions, or does it make political leaders more likely to reject and ignore the critics altogether?  

Alas, in this complex world of interest group politics and intense partisan politics, I suspect the answer is (D) -- "all of the above."   What do you think?

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Humorous and outlandish protests are not limited to the United States. These three creatures were protesting climate change and poverty issues in Perth, Australia.  Photo by Chalpat Sonti (WA Today) available at howardsattlerisanidiot.wordpress.com.

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 should 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 of two decades, 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. If legislation such as hr.3669 curtailing imports of exotic and ornamental fish is enacted it is probable that domestic production and interstate transportation of fish will increase. As transportation of fish most often use natural waters capable of invasive s, virus, pathogens and added chemicals in transport, and the federal government dose not endorse interstate transportation of fish it is a states rights issue, and in states like NY this water often ends up dumped into natural waters. 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 in regards to ballast water, that contained language such as in so far as is practicable. 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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