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7/14/2009 5:01:46 PM
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UCREFRP
UCREFRP Catalog Number
7749
Author
Kohm, K. A., ed.
Title
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USFW Year
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USFW - Doc Type
1991
Copyright Material
YES
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6$ REFLECTIONS ON THE ACT <br />political entities, highly responsive to political considerations. <br />Without an informed and committed citizenry, willing to liti- <br />gate as well as castigate, endangered species protection on fed- <br />eral lands can easily slip back into the "balancing" mode by <br />which developmental land uses always seem to come out ahead. <br />THE ESA IN LAWRENCE, KANSAS <br />The ESA has local as well as comprehensive legal consequences. <br />I live in Lawrence, a pleasant campus town in eastern Kansas. <br />Except for occasional complaints about emissions from some <br />local plant, Lawrence seems oblivious to, or above, the environ- <br />mental disasters so common in other areas of the country. The <br />local citizens are much more concerned about whether to build <br />a second high school than where their trash will be buried. Even <br />into this island of environmental serenity, however, the reality <br />of endangered species law has intruded. Two recent incidents of <br />little ultimate significance tell us a lot about recent changes in <br />law and public attitudes. <br />The first is the story of Agnes T. (The) Frog. Agnes is the <br />personification of the northern crawfish frog, a species listed as <br />threatened by the state but not by the federal government. The <br />city, county, and state want to build a bypass road-with fed- <br />eral money, of course. The bypass will traverse a wetland south <br />of Lawrence that may be good frog habitat. Some of the local <br />citizens-who probably detest this road more than they love <br />northern crawfish frogs-are incensed. They formed the Com- <br />mittee to Elect a True Amphibian, and Agnes received 1,850 <br />votes in the last county election. Agnes has also generated a <br />losing lawsuit3O along with considerable pressure on federal <br />decision makers to accommodate frog needs in the. still-delayed <br />environmental impact statement on the project. <br />Agnes no doubt is an admirable creature in the eyes of her <br />creator. Regrettably, however, no one is able to recount a single <br />contribution she makes to human welfare, even under such self- <br />justifying notions as "ecological health and stability." She is <br />nevertheless legally wonderful. High officials in the Environ- <br />mental Protection Agency and the highway administration <br />worry about her. So too does the general counsel of the Council <br />
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