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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 should be! Alligators (and endangered crocs) are important indicator species atop their food chains, with sensitivity to pollution and pesticides akin to humans. See ESA blawg. Gator blood could be our pharmaceutical future, too. See ESA musing.


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.


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.

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Civ pro wins again: Sixth Circuit decides ESA dispute based on associational standing.

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HEARTWOOD, INC. v. AGPAOA, Regional Forester; United States Forest Service, No. 09-5761, 628 F.3d 261 (6th Cir., Dec. 13, 2010)

BACKGROUND: Not-for-profit corporations active in forest and species protection brought action against Regional Forester and United States Forest Service, seeking declaratory and injunctive relief from defendants' approval of recovery project and their revised plan for management of national forest. The United States District Court for the Eastern District of Kentucky, Karl S. Forester, Senior District Judge, 611 F.Supp.2d 675, granted defendants' motion for judgment on the administrative record, and corporations appealed.

EXCERPT: environmental plaintiffs seeking to establish standing must identify particular segments of a river, sections and sub-sections of a forest, or passes in a mountain range that they use and will continue to use, and that agency action will detrimentally affect. Id. And Heartwood cannot complain that the Forest Service did not adequately specify which areas would be affected by the Project. The Forest Service provided Heartwood with a series of maps differentiating areas of, for example, commercial logging and non-commercial logging. Were the Project less specific, we could not require Heartwood to detail what it did not know, but that is not this case. Heartwood's standing affidavits are too general in their identification of “site-specific activities that diminish or threaten to diminish their members' enjoyment of the designated” forest sub-sections, so Heartwood does not have standing to maintain this action.