Crowdog
11-13-2002, 09:05 PM
Most of you reading this know that on October 25, 2001 the ASA (http://www.americansandassociation.org), SDORC (http://www.sdorc.org/) and ORBA (http://www.orbanet.org/) filed a petition with the U.S. Fish and Wildlife Service (FWS) to delist the Peirson’s Milk Vetch (PMV) and remove it from the Endangered Species List (ESL).
The FWS has two response requirements regarding time limits. The first is due within 60-Days of the filing. The second, and most important, is due twelve months to the day of filing. Neither deadline was met regarding our delisting petition. This works to our advantage and the following explains how.
The FWS was sued successfully last year by a green group with a listing petition for failing to meet the above deadlines. They prevailed and won legal costs. The following point is crucial: the same requirements apply to Listings and Delistings to the ESL. Thus, precedence is set in Federal Court as to when the FWS must respond to such petitions. The outcome of that case set the stage for our latest legal move.
On November 5, 2002, Mr. David Hubbard Esq. filed, on behalf of the ASA, SDORC, and ORBA, a 60-Day Notice of Intent to Sue. This notice is sent to the Honorable Gale Norton, Secretary, Dept. of Interior and Steve Williams, her Deputy Director of FWS. We are suing on the same grounds as the green group last year: failure to answer a listing/delisting petition within the legal time limit.
What sets this action apart from our other current efforts is that we are now under the rules of engagement with respect to the Endangered Species Act. This means is that if we are forced to pursue the delisting petition in court and prevail (which we quite probably will), the Federal Government will be required to pay our legal costs.
The FWS has until January 5, 2003 to produce what is required of them: an answer to maintain the listing or delist. If they continue to be unresponsive, we will drag them through Federal Court. There, we will present the “best science available” (our PMV studies) as required by the ESA. It is our every expectation that the science will dictate a decision in our favor.
I will keep you informed as circumstances allow.
Thank you for your continued support and tenacity,
Mark Harms
ASA Legal Chairman
The FWS has two response requirements regarding time limits. The first is due within 60-Days of the filing. The second, and most important, is due twelve months to the day of filing. Neither deadline was met regarding our delisting petition. This works to our advantage and the following explains how.
The FWS was sued successfully last year by a green group with a listing petition for failing to meet the above deadlines. They prevailed and won legal costs. The following point is crucial: the same requirements apply to Listings and Delistings to the ESL. Thus, precedence is set in Federal Court as to when the FWS must respond to such petitions. The outcome of that case set the stage for our latest legal move.
On November 5, 2002, Mr. David Hubbard Esq. filed, on behalf of the ASA, SDORC, and ORBA, a 60-Day Notice of Intent to Sue. This notice is sent to the Honorable Gale Norton, Secretary, Dept. of Interior and Steve Williams, her Deputy Director of FWS. We are suing on the same grounds as the green group last year: failure to answer a listing/delisting petition within the legal time limit.
What sets this action apart from our other current efforts is that we are now under the rules of engagement with respect to the Endangered Species Act. This means is that if we are forced to pursue the delisting petition in court and prevail (which we quite probably will), the Federal Government will be required to pay our legal costs.
The FWS has until January 5, 2003 to produce what is required of them: an answer to maintain the listing or delist. If they continue to be unresponsive, we will drag them through Federal Court. There, we will present the “best science available” (our PMV studies) as required by the ESA. It is our every expectation that the science will dictate a decision in our favor.
I will keep you informed as circumstances allow.
Thank you for your continued support and tenacity,
Mark Harms
ASA Legal Chairman