|
State of the Endangered Species Act
by Chris Montague-Breakwell
Sensitive to pollutants in their environment, amphibian populations are often the first to suffer from the effects of toxic pesticide runoff as well as habitat loss. California Red-legged Frog (rana aurora draytonii) was listed as a threatened species in 1996. — photo John Sullivan/Ribbit Photography |
Endangered species face increasing threats from governmental failures to enforce Endangered Species Act provisions, and recent legislation passed in the House is callously designed to gut important protections. Touted by the administration as an attempt to "balance" developer rights with environmental protections, the bill creates legal loopholes that a privileged few can exploit for personal profit at the expense of our endangered species.
Endangered Species Act achievements
Under ESA protections, many endangered species populations, including the Bald Eagle, the Whooping Crane and the California Condor, increased. Supporters of the Threatened and Endangered Species Act of 2005 (TESRA) claim that the ESA has failed, citing dubious statistics to back their claims, but TESRA legislation does not address ESA shortcomings — instead focusing on limiting the power of the original act.
Pombo's House bill guts 1973 Endangered Species Act
In Congress, the House passed Representative Richard Pombo's (R-CA) bill, TESRA, which was ostensibly written to better protect both environmental and landowners' rights, but would completely gut the 1973 Endangered Species Act. It needs only a Senate sponsor to bring it to a vote, and if it passes it will likely be signed into law by the President. Provisions in the bill would:
- Remove the critical habitat clause in the original ESA with no guarantee that land necessary for species recovery will be protected
- Eliminate the Cabinet-level Endangered Species Committee responsible for resolving conflict between species conservation and other societal values
- Require the Federal government to respond to developer proposals within 90 days — when a deadline is missed, development could take place regardless of effect on the wildlife and environment
Spotlight on Richard Pombo
Representative Pombo, named one of the 13 most corrupt congressmen by an organization called Citizens for Responsibility and Ethics, has a history of using the power of his position to influence legislation for personal gain:
- Pombo influenced wind-power regulations while his family received royalties from windmills in the Livermore hills
- Pombo influenced highway alignments near family land in support of family
- Pombo sponsored TESRA legislation that could weaken environmental protections on family land
- Pombo received $35,000 from disgraced lobbyist Jack Abramoff and over $200,000 from American Indian tribes for supporting gambling Casinos
- Pombo proposed legislation to remove environmental protections for the Farallones
Pombo's disregard for the environment raised the ire of fellow Republican and former 8-term Mid-Peninsula Congressman Paul N. "Pete" McCloskey who will challenge Pombo in the primaries.
Spotlight on John Fry's American Institute for Mathematics
Meanwhile, in the South Bay, the American Institute for Mathematics refuses to comply with environmental regulations, including the Endangered Species Act. Last summer CGF formally requested the District Attorney to investigate AIM for possible civil and criminal tax fraud violations under the Williamson Act that requires preservation of agricultural and open space.
The owner, Fry's Electronics CEO John Fry, built an 18-hole golf course without permits from the city of Morgan Hill. Critical habitat for a number of endangered species was destroyed and nitrates in the run-off threaten local groundwater. Morgan Hill has not properly handled the environmental mitigation. AIM has taken advantage of this to delay any effort to mitigate the environmental impact of the illegally built golf course. The trouble here is not interpretation of the ESA but rather enforcement. AIM is not being held accountable for deliberate damage to the environment. Adding to problems, news reports now show the golf course is being considered for a PGA tournament, despite all the environmental issues. CGF will continue to push Morgan Hill to apply the law fairly and equitably to all its residents.
Spotlight on the Home Builders Association of Northern California
The general counsel of the Home Builders Association of Northern California claims the critical habitat provision in the Endangered Species Act is being misused by environmentalists to stop development and hinder economic growth. The developers versus environmentalists argument used to justify destruction of habitat is unsupported by the facts. A recent Fish and Wildlife services study predicted that only 0.9 percent of housing units projected to be built in the next 20 years would be affected by the critical habitat designated for the red-legged frog, the species in question in a suit brought by the Association.
Despite the Fish and Wildlife study, the endangered California red-legged frog's proposed critical habitat has been slashed by more than 80 percent along Half Moon Bay and the Montara coastlines as a result of the suit. The California Coastal Commission promises to keep the same protection on the Coastside as when it was designated a critical habitat, however, areas not protected by the Coastal Act will have no such guarantees. Further, the Commission expressed reservations about developers' influence over the critical habitat decision.
CGF defends our endangered species
Despite mounting threats, the good news is that local, concerned citizens working together can protect our endangered species. CGF will continue to defend the environment when local authorities are unwilling or unable to protect it.
Chris Montague-Breakwell is a volunteer for CGF
Published April 2006 in Green Footnotes.
Page last updated September 13, 2010.
|
