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Endangered Species Act

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.
 

What the heck are we doing to our animals? I read a startling piece on birds afflicted with “long-billed syndrome” – abnormally long beaks which inhibits preening and eating in some dire cases. Many of these birds end up starving and infested with feather lice. These incidents are appearing in Alaska and the Pacific Northwest. The cause: undetermined. But I can’t help but suspect there’s a chemical, human-induced reason behind all of this.

There is no reason to beat around the bush: Tuesday's election results are a setback in our progress towards a cleaner, healthier, more sustainable planet.

At a time when the world desperately needs leadership from the United States, voters have installed in the House of Representatives those who have vowed to do all they can to obstruct progress in cleaning up dirty coal-burning power plants, reducing health-destroying and climate-disrupting pollution, and protecting wild places and wildlife.

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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.