News

Facebook DIGG

California Sues Federal Government Over Changes in Endangered Species Act

by: Julie Cart  |  Visit article original @ The Los Angeles Times

photo
The State of California has sued the federal government over changes in the Endangered Species Act. (Photo: Elvis Santana)

The state attorney general's office says new rules put California's threatened and endangered wildlife in greater danger and could cost the state more to protect the plants and animals on the list.

    California Atty. Gen. Jerry Brown filed suit against the federal government Tuesday, charging that a recent rule change by the Bush administration illegally gutted provisions of the Endangered Species Act, essentially quashing the role of science in decisions made by federal agencies.

    Ken Alex, senior assistant attorney general, said the state took the action because it has both the legal right and the moral responsibility to protect California's environment and resources. The new federal rules, he said, could put California's threatened and endangered wildlife in greater jeopardy and could ultimately cost the state more to protect plants and animals on California's Endangered Species List.

    The federal rules, made final on Dec. 16, eliminated mandated independent scientific review of federal agency plans if the agency determined the projects pose no threat to protected species. Further, the new rules removed the requirement to consider the effects of greenhouse gases on protected species and their habitat.

    Critics argued that agencies such as the Bureau of Land Management, which oversees oil and gas leasing on federal land, do not have sufficient scientific expertise to properly evaluate threats to wildlife. And, they said, the rules would make it more difficult to protect animals such as the polar bear, which was placed on the Endangered Species List because of the effects of climate change on the bear's melting habitat.

    In announcing the new rules, Interior Secretary Dirk Kempthorne emphasized that the modifications were minimal and did not amend the law. He said the changes were common-sense streamlining of bureaucratic processes and would not imperil protected species.

    "We absolutely disagree," Alex said. "These regulations are illegal. It's consistent with the Bush administration's attack on science."

    Several environmental groups have also sued over the changes, and Alex said it was likely the cases will be combined, possibly in a California court. An Interior spokesman said the agency does not comment on lawsuits.

    It is not uncommon for California to sue the federal government, either to compel it to follow the law or to enforce stringent regulations. In recent years the state has taken on Washington regarding federal forest policy, clean-air and clean-water rules and automobile emissions standards, calling on the federal Environmental Protection Agency to regulate greenhouse gas emissions.

    Alex said California has won practically every case that has been ruled on.

»


IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. TRUTHOUT HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS TRUTHOUT ENDORSED OR SPONSORED BY THE ORIGINATOR.

"VIEW SOURCE ARTICLE" LINKS ARE PROVIDED AS A CONVENIENCE TO OUR READERS AND ALLOW FOR VERIFICATION OF AUTHENTICITY. HOWEVER, AS ORIGINATING PAGES ARE OFTEN UPDATED BY THEIR ORIGINATING HOST SITES, THE VERSIONS POSTED ON TO MAY NOT MATCH THE VERSIONS OUR READERS VIEW WHEN CLICKING THE "VIEW SOURCE ARTICLE" LINKS.

Comments

This is a moderated forum.  It may take a little while for comments to go live. Be civil and on-topic, don't threaten or advocate violence, please keep it under 300 words. Thanks for participating.

It just sickens one to read

It just sickens one to read the continuing saga of this failed administration... "Farewell to all that: An oral history..." goes 45 printed pages documenting some of these antics. An interesting read, if one has the stomach for it.

Thank you, California.

Thank you, California. Thank you, thank you, thank you.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.