Time: Fri Mar 21 18:48:28 1997
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Date: Fri, 21 Mar 1997 18:47:02 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Property Rights VICTORY (fwd)
<snip>
>
>PRESS RELEASE
>
>DEFENDERS OF PROPERTY RIGHTS
>Washington, D.C.
>
>FOR IMMEDIATE RELEASE
>March 19, 1997
>
>CONTACT: David W. Almasi
> (202) 686-4197
>
>Supreme Court Sides With Property Owners in Major Endangered Species Case
>
>
>WASHINGTON (DC) - In a unanimous decision, the United States Supreme Court
>today clarified that the Endangered Species Act's (ESA) "citizen's suit"
>provision can be used to protect both threatened species and property
>owners adversely affected by regulations imposed by the government to
>protect those species.
>
>This decision is a major victory for property owners seeking relief from
>overburdening federal regulations, but will also be beneficial to
>endangered species protection over the long term.
>
>The language of the citizen's suit provision of the ESA specifically allows
>"any person" to bring suit to enforce the Act. In an opinion written by
>Justice Antonin Scalia, the Court said that the interpretation of the
>citizen's suit provision should be a two-way street, contrary to previous
>decisions by lower courts. Scalia wrote, "It is true that the plaintiffs
>here are seeking to prevent application of environmental restrictions
>rather than to implement them, but the 'any person' formulation applies."
>
>At issue in the case of Bennett v. Spear (95-813) was the federal Bureau of
>Reclamation's 1992 rationing of water in the reservoirs of the Klamath
>project in southern Oregon and northern California. Under the rationing,
>water for ranchers and farmers was cut off in order to protect the
>endangered Lost River and short-nosed sucker fishes - incurring an
>estimated $75 million in damages. When two ranchers and two irrigation
>districts filed a citizen's suit against the government's actions, they
>were rejected by both the federal district court and 9th Circuit Court of
>Appeals for a lack of legal standing. Essentially, they were told the
>provision was only valid for seeking the further protection of a species.
>
>In a brief amici curiae ("friends of the court") to the Court on this case,
>Defenders of Property Rights and twenty other concerned organizations
>pointed out that the ESA was written and amended to both protect endangered
>species and respect private property rights, and that protecting private
>property rights and economic interests in private property are an integral
>part of species protection.
>
>"This is not only a victory for property owners, but a victory for
>endangered species as well," said Nancie G. Marzulla, president and chief
>legal counsel of Defenders of Property Rights. "This is because the only
>way we can protect endangered species is to make sure that the rights of
>property owners are also protected. This decision makes sure that the
>interests of both property owners and endangered species are taken into
>account when enforcing the Act."
>
>Ms. Marzulla and Roger J. Marzulla are the authors of the new book Property
>Rights: Understanding Government Takings and Environmental Regulation
>published by Government Institutes Press. Defenders of Property Rights is
>the also home to the Property Rights Legal Center - the nation's first and
>only legal intern training center for property rights.
>
>Defenders of Property Rights is a national membership organization
>dedicated to protecting the rights of private property owners. Defenders
>engages in litigation across the country affecting the public interest and
>its membership, vigorously protecting those rights considered essential by
>the framers of the Constitution.
>
>To arrange an interview on this case or any other property rights issue,
>please contact Defenders at (202) 686-4197 or write to 6235 33rd Street NW,
>Washington, DC 20015.
<snip>
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
========================================================================
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