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A federal judge today threw out a timber-industry lawsuit seeking to removed Endangered Species Act protections for the marbled murrelet, a robin-sized seabird that hatches its young in older forests and whose numbers have plummeted as those older forests have been cut.
Today Judge John Bates of the D.C. district court rejected the industry's assertions that the U.S. Fish and Wildlife Service has to remove the bird's ESA protections. The contention was based in part on the idea that murrelets here are not a "distinct population segment."
A review of the bird's status forced by the timber industry came to that conclusion based in part on the actions of Julie McDonald, the former Interior official accused of bullying agency scientists.
Noah Greenwald of the Center for Biological Diversity, one of the environmental groups who intervened through the Earthjustice law firm in a suit by the industry against the government, predicted the Bush administration would next seek to knock out much of the bird's "critical habitat" designation. Needless to says, the enviros will fight that.
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Posted by DAVIDRF at 2/5/08 3:13 p.m.
And we're suprised that the Bush administration tried to ram something into law that is bad for the environment...why, exactly?
Good for the judge for hopefully putting this action on the part of the timber industry to a halt.