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WSP11168
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Last modified
1/26/2010 3:16:25 PM
Creation date
10/12/2006 4:46:14 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8065
Description
Section D General Statewide Issues - Endangered Species Act - Fisheries
State
CO
Basin
Statewide
Date
10/1/1992
Author
Nationwide Public Pr
Title
Needs of the People - A Newsletter - Published by the Nationwide Public Projects Coalition
Water Supply Pro - Doc Type
Publication
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<br />002733 <br /> <br />state-level listings ~uld mt trigger the <br />Federal listing processes. <br /> <br />. Scientific documentation for listings, recoveIy;>.'. <br />plans and critical habitat designations Wuld be..', <br />subnitted in a complete report as part of the.- <br />threatened or endangered listing process. The <br />report Wuld be reviewed by a three-member <br />sctentific peer panel; public hearings IIIJSt Imre <br />been conducted in the areas affected, following <br />publicatton of scientific justification and data <br />on possible social and ecooan1c Impacts; and <br />Qmgressional oversight hearings would be c0n- <br />ducted before a listing can occur. <br /> <br />. Critical habitats ...,uld have to be delineated <br />when species are listed as endangered, and c0n- <br />currently reports describtng all dtrect and <br />indirect ecol1a.ic and social impacts to the <br />areas affected must be issued. <br /> <br />. "Econank and social" wuld be added to the <br />current Act's "scientific and cOllllerctal" as <br />data to be considered in critical habitat <br />designations. <br /> <br />. Before regulations could be promulgated for <br />listings, a scientific review panel ...,uld review <br />the evidence, public hearings on the pett tton <br />would be held and the findings of the review <br />panel ...,uld be published. <br /> <br />. Oedsions not to list a species my be subject <br />to an adminis tra ti ve appeal process, folla;ed if <br />necessary by judicial review bssed solely upon <br />the record of the administrative revtew process. <br /> <br />. A finding that costs associated with a recoveIy <br />pllm are an unreasonable allocation of avail- <br />able resources, or that social or ecooomic <br />Impacts in the area affected ...,uld be "exces- <br />sively onerous," are grounds for the Interior <br />Secretary mt to 1n{>lerent recovery plans. <br /> <br />. The Fndangered Species Camdttee ("God Squad") <br />is expanded fran a min1mum of seven oenbers to <br />eight or Illlre with the addition of the Olairman <br />of the National Research Co=11, and rather <br />than "one individual fran each aff<!Cted state," <br />as is the case mw, govermrs of the IIDst- <br />affected states ...,uld serve on the coomittee. <br /> <br />(Copies of The EJrlangered Species Hanagar8lt Act of <br />1992 my be obtained I7f calling or wri ting the <br />Coalition office. The address and telephone nlJlbers <br />are listed on p3ge 1). <br /> <br />.,1: <br />The Litigation Watch <br /> <br />Vllg1n1a <br /> <br />W111 the EiIv1rormlental Protection Agea::y stay aboard <br />what has becane a litigation merry-go-round? That <br />was the question in James City County, Virginia, as <br />the tctober 5 deadline for EPA to re-appeal the Ie- <br />overtumiog of its re--veto of the Ware Creek !:am and <br />Reservoir approached. <br /> <br />The Ware Creek nerry-go-round began in 1989 when EPA <br />vetoed issuance of a Clean Wa ter Act permit for <br />construction of the reservoir for water'-Short <br />lIill1amsbJrg, Va., suburban residents. <br /> <br />The veto was overturned by Federal Judge JoIm <br />Ib-I<~, who also delivered a IIlEl1l)rable tongue- <br />lashing to EPA for its lack of understanding of InJ1an <br />needs . <br /> <br />EPA lost a lOOtion for reconsideration, then took the <br />matter to Fourth Circuit Court of Appeals, which <br />affirmed part of the ruling but renanded part of it <br />to EPA. <br /> <br />To mbody' s surprise EPA hung another veto on Ware <br />Creek, and J!lIJI!S City County once again appealed. <br />History repeated. EPA saw its secood veto overturned <br />by Judge !tIckenzie in an August 4 opinion which once <br />again bordered on rebuke of EPA for 1aclt of sensittv- <br />1 ty to the needs of the lnm1an spectes. <br /> <br />lhl.orado <br /> <br />It's nail -bi ting tine in Metropolitan Denver, as <br />well, as the sponsors of the 11<<> Forks ram and <br />Reservoir await a threshold ruling by Federal <br />Dis tric t Court Judge Ili.dEmI !htsch. <br /> <br /><X1 November 22, 1991, eight suburban Denver water <br />supply agencies fHed suit to overturn EPA' s veto of <br />the big regional water supply project one year <br />earlier. <br /> <br />Last February, EPA filed a llllt10n for dismissal <br />, <br />alleging that the eight entities - while partners in <br />the project and participants in a $40 million <br />enviroanental process - didn't Imre standing. <br /> <br />Oral arguments took place on September 24. Judge <br />Matsch gave m hint as to when he Wuld rule, stating <br />only that he has a lot of reading to do first. <br /> <br />Project sponsors believe that Two Forks was vetoed by <br />EPA Administrator B111 Reilly as a personal favor to <br />the extrema envirorlI8ltal socteties fran whose ranks <br />he came. <br />
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