Subject: FW: SW BIODIVERSITY ALERT #108


Subject: SW BIODIVERSITY ALERT #108

      ******* SOUTHWEST BIODIVERSITY ALERT #108 ***********
       *                    1/6/98                       *
        *                                               *
         *  SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY  *
          *                                           *
           *******************************************

1. USFWS AGREES TO MORATORIUM ON IMPLEMENTATION OF DAMAGING "NO
   SURPRISES" POLICY
2. GROUPS SUE TO STOP CLEAN WATER ACT EXEMPTIONS IN ARIZONA
3. HYDROLOGIST: TUCSON AND ARMY CORPS IGNORED DATA SHOWING THAT SUPERFUND
   SPILL IS MOVING TOWARD PLANNED DETENTION BASINS
4. HYDROLOGISTS WARN N.A.F.T.A. COMMISSION THAT SAN PEDRO RIVER IS BEING
   PUMPED DRY

     *****    *****    ******     *****

USFWS AGREES TO MORATORIUM ON IMPLEMENTATION OF DAMAGING "NO
SURPRISES" POLICY
In exchange for a 60 day extention on a court deadline to review public
comments on its "No Surprises" ESA policy, the USFWS has agreed to a 60
day prohibition on issuance of take permits for endangered species under
the damaging policy.

The No Suprises policies exempts timber corporations and developers from
the Endangered Species Act for up to 100 years, in exchange for a promise
to implement untested conservation strategies. The Spirit of the Sage
Council, Southwest Center, Biodiversity Legal Foundation, Fund for Animals
and Forest Guardians sucessfully sued the Fish and Wildlife Service in 1996,
requiring them to submit the policy to public comment and reissue a decision
on it.
_____________________

GROUPS SUE TO STOP CLEAN WATER ACT EXEMPTIONS IN ARIZONA
Defenders of Wildlife, the Southwest Center, and Desert Watch filed suit
against the Army Corps of Engineers on December 19, 1997 for systematic
violations of the Clean Water Act in southern Arizona. In exempting dozens
of development projects from the Clean Water Act, the Corps is allowing
habitat
for the endangered cactus ferruginous pygmy owl to be piece-mealed to death
without environmental review.

Developers who dredge, fill or channelize desert washes must first obtain a
Clean Water Act permit from the Army Corps. To lessen its workload and
streamline the permit processing, however, Army Corps pre-approves "small"
development projects under a single nation-wide permit. The Corps admits that
the combined impact of numerous "small" projects may have huge, unpredicted
environmental impacts. The problem is exacerbated by systematic abuse: mega-
developers illegally claim exemption under the nation-wide permit, knowing
the
Army Corps will rubberstamp the permit unless challenged by environmental
groups.
______________________

HYDROLOGIST: TUCSON AND ARMY CORPS IGNORED DATA SHOWING  SUPERFUND SPILL IS
MOVING TOWARD PLANNED DETENTION BASINS
An independent hydrologist has issued a report showing that the Army Corps of
Engineers and contractors hired by the City of Tucson ignored crucial data
showing that proposed water detention basins in Arroyo Chico are likely to
hamper efforts to clean up a state superfund site. The site is only 500 feet
from one of the proposed basins, and is moving toward it through the polluted
aquifer.

The Southwest Center and residents of Barrio San Antonio have informed the
Army
Corps that they will sue if the Corps if it does not prepare a supplemental
Environmental Impact Statement, addressing the superfund site and
environmental
justice issues in the predominately Hispanic neighborhood.
________________________

HYDROLOGISTS WARN N.A.F.T.A. COMMISSION THAT SAN PEDRO RIVER IS BEING
PUMPED DRY
On 12/11/97 two hydrologists at the University of Arizona informed NAFTA's
Commission on Environmental Cooperation that the upland aquifer surrounding
the San Pedro River has been drained so deeply  that it is now drawing
water away
from the river instead of contributing to it. They warned basin developers
that
they can no longer ignore the looming death of Arizona's last undammed river.
Pumping by the U.S. Army's Fort Huachuca (and associated urban growth
growth in
the city of Sierra Vista) are causing the river  to dry up.

The Southwest Center, represented by Earthlaw (Denver), petitioned the
international Commission to review the status of the dying river and present
recommendations to curb the unsustainable growth fueled by expansion of Fort
Huachuca. It is the first time the commission has agreed to review an
environmental
problem in the U.S. The Southwest Center (represented by Earthlaw) has
twiced sued
the base for refusing to review the impact of its growth on the river and the
endangered species which depend upon it.

The Commission has completed a draft report which will soon be released for
scientific and public review.

_____________________________________________________________________________

Kieran Suckling                               ksuckling@sw-center.org
Executive Director                            520.623.5252 phone
Southwest Center for Biological Diversity     520.623.9797 fax
http://www.sw-center.org                      pob 710, tucson, az 85702-710