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For
Immediate Release
February 25, 2004
House Resources Committee, Congressman
Walden Press Release
Ninth Circuit Court Sets Precedent for
Science in Landmark ESA Case
Washington,
DC - A ruling
yesterday by the Ninth Circuit Court
of Appeals confirmed a lower court's
decision that scientific contributions
to species recovery must be
incorporated in Endangered Species Act
(ESA) decision making. At issue in
this case was how the National Marine
Fisheries Service (NMFS) counted
Oregon Coast coho salmon in
determining the species' status.
Background:
The Pacific Legal Foundation (PLF)
filed suit in U.S. District Court
charging that NMFS counted only
naturally spawned salmon, disregarding
hatchery spawned salmon, thereby
keeping fish counts artificially low
and invoking unnecessary protection
under the ESA. District Court Judge
Michael Hogan agreed, ruling that the
agency acted illegally. As a result,
NMFS instituted status reviews of
salmon and steelhead listed under the
ESA across Western States.
Environmentalists then appealed the
case to the Ninth Circuit, which also
ruled in favor of PLF. In dismissing
the appeal, the court ruled that
environmentalists could participate in
the public process on status reviews
like other citizens and had no basis
for suit.
"This
could be the best precedent ever set
in Endangered Species Act case law,"
Resources Committee Chairman Richard
W. Pombo (R-CA) said. "By arguing that
some fish are somehow superior to
other fish, environmentalists have
once again revealed their radical
beliefs that humans can do no good for
species. Given modern science and
common sense, this court just
reaffirmed that such extreme positions
are absurd and can be detrimental to
species recovery. To be successful in
our stewardship role we have to use
all the tools at our disposal,
especially advanced science."
"Hopefully, this case will serve as a
catalyst for the use of 21st century
science and American ingenuity in
species recovery," Pombo continued.
"That's exactly what we need to do to
be successful, and Americans
understand that. Endless, frivolous
litigation does nothing to save
species, but that is the unfortunate
state of the ESA today."
"With
the Ninth Circuit's dismissal of this
appeal, the 'sky is falling' rhetoric
of hard-core environmental activists
has been debunked and their true
agenda exposed," said PLF attorney,
Russ Brooks. "This attempt to control
private land use in the name of
species protection has been
successfully shut down. Families in
the Pacific Northwest
are sick of environmental hysterics
that have resulted in rising home
prices, choking traffic, higher taxes
and a slowed economy," Brooks
continued. "Chalk up a win for people
with today's decision."
According to Brooks, the biggest
impact of the decision is the fact
that it reinstates the district
court's order invalidating and setting
aside the coho listing, which had been
postponed during the appeal.
Consequently, the Oregon
Coast coho listing no longer exists
and may not be enforced. This decision
stands to have huge implications for
land stewards and natural resource
providers-such as farmers, ranchers,
and timber harvesters -- as well as
local governments and citizens
struggling with infrastructure
development of schools, hospitals, and
highways.
Following news of the decision, PLF
called on NMFS to promptly complete
its review of the hatchery policy and
salmon and steelhead listings,
consistent with the district court and
Ninth Circuit decisions. NMFS has
missed several deadlines in releasing
the new hatchery policy and the
results of its status review.
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