Subject: FW: SW Biodiversity Alert #12- Good New for Owls

Subject: SW Biodiversity Alert #12- Good New for Owls


*** *** Southwest Biodiversity Alert #12 *** ***

   southwest center for biological diversity
              swcbd@sw-center.org

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



STATE SUFFERS BLOW IN ATTEMPT TO DE-DESIGNATE CRITICAL HABITAT FOR
MEXICAN SPOTTED OWL

The State of Arizona has filed suit to de-designate 4.8 million acres
of critical habitat for the Mexican spotted owl.  The suit claims the
U.S. Fish and Wildlife Service should have completed NEPA analysis on
the designation, that the designation is unscientific, and that it
will harm Arizona's forests by reducing logging.  Upon challenge, the
case has been transferred to Judge Carl Muecke. Muecke ordered the
designation of critical habitat in the first place, and also granted
an injunction against all timber harvest on the Southwest's 11
National Forests and the Navajo Nation until the BIA and the USFS
consult under the ESA.  Muecke has shown little tolerance for
political intervention in ESA issues.
        Even more importantly, this transfer will strengthen the Fed's
attempt to transfer a similar case in which Catron County, NM is
challenging the critical habitat designation in New Mexico.  New
Mexico is in the 10th circuit which has recently ruled that critical
habitat is subject to full NEPA analysis.  On this basis, the court
suspended critical habitat for the Loach minnow and Spikedace, to
threatened fish which have been found warranted but precluded for
endangered status.  Muecke is in the 9th circuit which has ruled that
NEPA analysis is satisfied by the economic analysis required by ESA.


COURT GRANTS ENVIROS POWER OF DISCOVERY IN SPOTTED OWL CASE

In August, 1995, Judge Carl Muecke issued an injunction against
timber harvesting in the Southwest pending completion of a
Biological Opinion on the effects of logging on the Mexican spotted
owl.  The draft Opinion was completed March 22nd, logging could
resume by May 1, 1996.
        The environmental plaintiffs (Southwest Center, Forest Conservation
Council, Forest Guardians, Carson Forest Watch, and DINE Care)
meanwhile, have uncovered evidence that the Forest Service and the
Fish and Wildlife Service are conspiring to produce a politicaly
motivated Biological Opinion which will allow continued logging at
the expense of the owl and 41 other endangered species.  They
requested and have been granted power of Discovery.  This gives us
the power to subpeona agency personel and obtain internal documents
related to the consultation.  The evidence suggests that 1) USFWS
biologists altered the final Mexican spotted owl recovery plan to
allow salvage logging of the Eagle Peak Roadless Area on the Gila
National Forest, 2) the Forest Service provided incomplete
information to the USFWS during the consultation, and 3) that the
Forest Service is not consulting on 41 addittional threatended and
endangered species.
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