Forest Guardians' Frontline Online #70
12/31/99
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Title: Frontline Online 70
Source: Forest Guardians
http://www.fguardians.org
Status: Copyright 1999, contact source for permission to reprint
Date: December 31, 1999
* Designation Would Help Restore Rio Grande in Southern NM and
Stretches in Texas
* RANCHERS ATTEMPT TO PREVENT RELEASE OF LOAN INFORMATION Temporary
Restraining Order Filed; Hearing Set For January 20th
* NOTICE FILED TO PROTECT SOUTHEASTERN NM PLAYA LAKES Suit Will
Target Potash Mine Dumping and Other Illegal Discharges to Playas
* RIO GRANDE FLOODPLAIN DEVELOPMENT TARGETED Notice Filed to
Challenge National Flood Insurance Program
SUIT SEEKS EXPANSION OF CRITICAL HABITAT ALONG RIO GRANDE Designation
Would Help Restore Rio Grande in Southern NM and Stretches in Texas
Forest Guardians, Defenders of Wildlife and the Southwest
Environmental Center filed suit on 12/14/99 challenging the U.S. Fish
and Wildlife Service's designation of critical habitat for the Rio
Grande silvery minnow. Earlier this summer, in response to a previous
lawsuit filed by the groups, the FWS designated 165 miles as critical
habitat in central New Mexico, which is less than 5 percent of the
species historic range. The lawsuit claims that since the recovery
plan for the Rio Grande silvery minnow admits that the species must
be established in at least three areas outside of the Middle Rio
Grande valley of New Mexico in order for it to be delisted under the
Endangered Species Act, that at least those areas must be designated
as critical habitat. The lawsuit also seeks to broaden critical
habitat to include the Rio Grande's 100-year floodplain, which the
FWS inexplicably excluded from the designation. Once designated as
"critical habitat", federal agencies are prohibited from taking
actions that would harm it in any way. For more information about the
issue visit our web page at
http://www.fguardians.org/silveryminnow.html Matt Kenna of Kenna and
Hickcox represents the groups.
RANCHERS ATTEMPT TO PREVENT RELEASE OF LOAN INFORMATION Temporary
Restraining Order Filed; Hearing Set For January 20th
Livestock industry groups filed court papers last week, demanding
that Forest Guardians be forced to return information about a
dustbowl-era U.S. Department of Agriculture policy; information that
the group obtained earlier this year from the U.S. Forest Service.
The Public Lands Council and other New Mexico industry groups also
hope to prevent further disclosure of information about the Forest
Service's escrow waiver policy that allows public land ranchers to
use federal grazing permits as collateral when seeking loans from
banks. Forest Guardians had filed suit in June against the Forest
Service alleging it had violated the Freedom of Information Act when
it blocked out the names of banks and the amount of money involved in
each of the individual escrow waivers. A court hearing has been set
for January 20th, at which time Judge Edwin Mechem will decide
whether the previous release of information by the Forest Service was
legal. Independent of the upcoming hearing, Forest Guardians will
still seek to force the Forest Service to provide the names of banks
and the total money involved in the program, which the group expects
to be more than $1 billion. Richard Meitz represents Forest
Guardians.
NOTICE FILED TO PROTECT SOUTHEASTERN NM PLAYA LAKES Suit Will Target
Potash Mine Dumping and Other Illegal Discharges to Playas
Forest Guardians has filed 8 separate notices of intent to sue under
the federal Clean Water Act in an effort to stop ongoing pollution of
playa lakes in southern New Mexico. The notices allege that the
Department of Defense, Phelps Dodge Copper Company, two potash
companies and numerous municipalities have been discharging to playa
lakes for decades without obtaining the necessary state and federal
permits. The Southwest Environmental Center has joined Forest
Guardians in the notices of intent sent to the two potash mining
companies. State and federal agencies have been aware of the illegal
pollution of the playa lakes for at least 7 years but have failed to
do anything to stop it. In the early and mid-1990's the US. Fish and
Wildlife Service and the Environmental Protection Agency planned to
take legal action against one of the potash mines, but after
intervention by U.S. Senators Pete Domenici (R-NM) and Jeff Bingaman
(D-NM) decided against it. Playa lakes are important stopover
habitats for migratory birds and pollution in some of the playas has
killed numerous birds. Steve Sugarman will represent the groups.
RIO GRANDE FLOODPLAIN DEVELOPMENT TARGETED Notice Filed to Challenge
National Flood Insurance Program
Forest Guardians and the Southwest Environmental Center have filed a
notice of intent to sue the Federal Emergency Management Agency for
failing to address the effects of its National Flood Insurance
Program (NFIP) on endangered species that inhabit the Rio Grande
ecosystem in New Mexico. The groups are concerned that floodplain
development that occurs as a direct result of the coverage available
to communities that participate in the NFIP, destroys "bosque"
habitat. More importantly, the groups claim new structures in the
floodplain would limit the U.S. Army Corps of Engineers' ability to
release high volume flows that result in "overbank flooding" which is
vital to the ecological health of cottonwod-willow forests. There are
dozens of new homes proposed for and being constructed in the
floodplain that might be effected by the forthcoming legal challenge.
Matt Kenna of Kenna and Hickcox will represent the groups.