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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 5:14:13 PM
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UCREFRP
UCREFRP Catalog Number
7393
Author
Harrington, W.
Title
Endangered Species Protection and Water Resource Development.
USFW Year
1980.
USFW - Doc Type
LA-8278-MS,
Copyright Material
NO
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<br />The Endangered Species Act was relevant to the case because the "Big Bend" <br />area of the Platte River is used extensively by whooping cranes during their <br />annua 1 spring and fall migrations. The whooping crane is perhaps the best- <br />known endangered species in the United States; its continued existence is a <br />powerful symbol of the nation's commitment to endangered species protection. <br />Pursuant to the 1973 Amendments, a "critical habitat" designation for the <br />whooping crane was proposed in 1975, which included the Platte River bottoms <br />from Lexington to Grand Island, Nebraska, and the wet meadows to the south, <br />almost to the Republican River. The affected area included 2600 square miles <br />in eight counties, bringing forth a strenuous protest from some citizens and <br />Congressmen from Nebraska. In part, because of this storm of opposition, the <br />final rule was not promulgated until May 15, 1978. The critical habitat area <br />was only 3 miles wide--considerably smaller than the area proposed. <br />In October 1977, even before the critical habitat designation was promul- <br />gated, the Corps of Engineers (after some prompting by the Fish and Wildlife <br />Service) requested a consultation on the effects of MBPP on the whooping crane <br />and its critical habitat. Two months later the FWS responded that the project <br />could jeopardize the critical habitat and cited the need for further study <br />before a final biological opinion could be issued. It was estimated that this <br />would take about 3 years. The Corps regarded this delay as unreasonable and <br />went ahead with the 404 permit issuance in March 1978. It was immediately <br />sued by Nebraska and a number of environmental groups, and this suit was com- <br />bined with the REA suit to speed resolution of the issues. The case was <br />finally heard in August 1978, by which time the project was approximately half <br />complete. <br />The court decision, rendered on October 1, 1978, was a stunning victory <br />for the plaintiffs. Both the loan guarantee and the 404 permit were set aside, <br />and REA and the Corps were respectively enjoined from issuing a new loan guar- <br />antee or 404 permit until the defects of the EIS have been remedied and the <br />requirements of the Endangered Species Act have been met. Finally, MBPP was <br />enjoined from proceeding with the construction of the Grayrocks Dam until a <br />new permit had been issued. <br />The Court's decision thus created some serious obstacles to the completion <br />of MBPP, the most serious of which was clearly the Endangered Species Act <br />requirements. After all, the Fish and Wildlife Service had said that the com- <br />pletion of studies necessary to render a Biological Opinion would take at least <br /> <br />30 <br />
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