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Endangered Species Act

Forty years of environmental progress is under attack today by a vote in the House of Representative on a stop-gap funding measure to keep the federal government running.

Unfortunately, that measure—called a continuing resolution—is loaded with amendments and provisions that would slash the Environmental Protection Agency’s budget, and seeks to override the rule of law at every turn.

House Republicans are using the oft-repeated refrain of “fiscal restraint” as their excuse for gutting several environmental initiatives that will put the public in harm’s way. But there simply is no excuse for hacking away at health protections that will leave our air and water dirtier and our children and seniors at risk.  It’s not hard to see their real agenda.

Teabag by teabag, the anti-environment faction in the House of Representatives has filled its federal government spending bill with amendments that will cripple protections for our water, air, natural resources, wildlife and public health. 

This week, following a challenge from California water districts, the state and corporate agribusiness, a federal judge ordered the U.S. Fish and Wildlife Service (USFWS) to revise its plan to protect the delta smelt, a fish that makes its home in the brackish waters of the San Francisco Bay Delta. Earthjustice attorneys defended a biological opinion from USFWS that implemented protections for the smelt, and while the judge agreed with the majority of the biological opinion, he asked for revisions to specific sections.

Roger Beers, a lawyer who worked for Earthjustice and the Natural Resources Defense Council, once said that environmental cases are the most political of all. He meant that in environmental cases, the biases of the judge in a case are more likely to steer his decisions than in other kinds of cases.

I don't know if that's true, but I do know that our lawyers were always happy to draw federal judge Sam King should they be filing suit in Hawai`i. His biases--that's too loaded a word, of course, maybe his instincts--tended to be on the side of people and the natural world.

Reporters speak of a story having legs, meaning that it is likely to continue over an extended period. Spotted owls have legs.

The story began in the late '80s, when it became evident that out-of-control logging in ancient forests in the Northwest was about to extinguish the owls. Earthjustice sued, and managed to achieve Endangered Species Act protection for the owls.

End of story? Not quite.
 

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About the Earthjustice Blog

unEARTHED is a forum for the voices and stories of the people behind Earthjustice's work. The views and opinions expressed in this blog do not necessarily represent the opinion or position of Earthjustice or its board, clients, or funders. Learn more about Earthjustice.