April 25, 2005

ISSUE 1060

 

COURT SAYS PROOF OF HARM REQUIRED IN ENDANGERED SPECIES ACT CASES CASES

The U.S. Ninth Circuit Court of Appeals has ruled for an Idaho rancher in a case that addresses the standard by which injunctions can be issued under the Endangered Species Act. The Ninth Circuit's ruling clarifies for the first time that environmentalists must present actual evidence that a species is likely to be harmed before an injunction can be issued against a property owner, and that a lack of evidence of past harm is indicative of the likelihood of future harm.

The Idaho case revolved around environmentalists' objections to the rancher's diverting creek water to irrigate grazing land. They had alleged, but offered no proof, that bullhead trout were dying as a result of the rerouting of water.

 

ALSO IN THIS WEEK'S RAP-UP

(Members-Only articles are indicated in bold.)

FLORIDA HOUSE PASSES BILLS LIMITING CONSITUTIONAL AMENDMENT PROCESS

SENATE CONFIRMS CONNER AS USDA DEPUTY SECRETARY

COURT SAYS PROOF OF HARM REQUIRED IN ENDANGERED SPECIES ACT CASES

WIC COMMITTEE RECOMMENDS GREATER ACCESS TO FRUITS, VEGETABLES

REMINDER OF MINIMUM WAGE INCREASE

HIGH COURT DECISION ALLOWS CONSUMERS TO SUE PESTICIDE MANUFACTURERS

SOLOMON & SONS SHUTS DOWN

CITRUS CANKER FOUND IN MARTIN COUNTY

RCMA GOLF TOURNAMENT COMING UP