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A project tracking federal judicial nominations and courts.

Editorials and Opinion


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EDITORIAL: Eyes on the eagles (York Dispatch [PA] , 02/21/17)
"The recovery of the bald eagle is one of the biggest success stories in conservation history, fueled by the federal Endangered Species Act.... The administration of President Donald Trump has many environmentalists concerned about the possibility of gutting the Environmental Protection Agency and the Endangered Species Act in the quest for fewer regulations and higher employment in traditional fuel industries such as oil and coal. Perhaps Trump and new EPA chief (and former EPA critic and lawsuit filer) Scott Pruitt need to spend some time watching the eagle cams at and reading the comments from the birdwatchers keeping their eyes on the pair. Freedom and Liberty are living symbols of this country, and they wouldn't be here if it weren't for the protections laid out by the federal and state governments and the people who worked to return them to their natural habitat in central Pennsylvania. It's our duty to protect them from harm."

Editorial With this Congress, the Endangered Species Act itself might be endangered (Los Angeles Times, 02/21/17)
"The Endangered Species Act, which played a significant role in saving the bald eagle and the California condor from extinction, is now itself endangered. Were Congress and President Trump to accede to the demands of anti-regulatory zealots and gut the nature-protecting act, it would be calamitous for hundreds of plant and animal species, local ecosystems, and the complex interconnections that sustain the natural world.... the act has helped keep nearly every species added to the list from fading into extinction. Success here should be measured by saves, and by that yardstick, the Endangered Species Act has been a clear success – only 30 species have disappeared after being placed on the list. ... conservationists from the left and right need to pressure Congress to ensure pro-development forces don’t destroy the act under the guise of fixing it."

Red wolf a winner [Editorial] (News & Observer [NC], 10/02/16)
BY THE EDITORIAL BOARD: "Federal District Court Judge Terrence Boyle isn’t given to squishy rulings on controversial issues, and he is hard to pigeonhole as a predictable down-the-line conservative. His decisions are clear and straight-ahead, case by case. So in temporarily restricting the federal government’s wish to take red wolves from private property in North Carolina and restrict them to a federal wildlife refuge and adjacent property in Dare County, Boyle signals that he believes the conservation groups that have battled the U.S. Fish and Wildlife Service are likely to prevail in the long term. Boyle noted that the population of red wolves in the wild has diminished, to a point where he wrote, “Such rapid population decline has been described as a catastrophic indicator that the wild red wolf population is in extreme danger of extinction.”"

Editorial: Closer look needed at state’s policy on killing wolves (Herald [WA] , 09/22/16)
By The Herald Editorial Board: "Gray wolves are listed as endangered under the Endangered Species Act, but in Washington only those west of U.S. 97 are protected.... Robert Wielgus, who is director of Washington State University’s Large Carnivore Conservation Lab and is conducting a study that is tracking collared cattle and wolves, told the Times that the predations by the Profanity Peak pack were predictable and avoidable. In contrast, there has been no loss of livestock among the ranchers who are participating in his study, and none among other ranchers following the state’s protocol. Wielgus also noted that wolves are not the leading threat to cattle; more are killed by logging trucks, fire and lightning strikes.... Better adherence to its protocol should be discussed, but so, too, should there be some discussion that recognizes that ranchers’ use of federal grazing lands within national forests ought to respect the dangers that are present, whether those are wolves, fire or logging trucks.... Elimination of a species that helps to balance the forest ecosystem would turn the Colville and other such public lands into a glorified feed lot."

OUR VIEW | Encouragement for the Elwha [Editorial] (Kitsap Sun [WA], 09/17/16)
By the Kitsap Sun editorial board: "The Olympic Peninsula's restored river continues to demonstrate the resiliency of nature, this week with the news that steelhead trout and sockeye salmon are being seen in the Elwha River in places where they haven't been observed in a century. It's evidence the historic removal of two dams is working as more species adapt and migrate up the free-flowing river.... In early 2015, scientists found candlefish at the mouth of the river, after 60 years without seeing the threatened species of smelt. That was a great signal for salmon recovery"

Save the red wolf [Editorial] (News & Observer [NC], 08/31/16)
EDITORIAL BOARD: "A deadline is coming for red wolves, an endangered species. The deadline is the fall, when the U.S. Fish and Wildlife Service will announce whether it will continue a red wolf recovery program. Continuing would mean protecting the species through regulation and hoping to increase the population over time. Ending the program? That would in effect be abandoning the wolves and allowing the species to go extinct. The latter choice is unacceptable. North Carolina has a particular interest, as it has the distinction of being home to all of the red wolves now in the wild .... coyote hunts – during which red wolves were mistakenly shot – cut that population dramatically.... Nearly half a million Americans signed a petition last month calling for Fish and Wildlife to work to recover the population. That support comes from around the United States. When a rare species dies, a part of American history goes with it. In this case, North Carolina is part of that history. And, as one conservation scientist noted, it’s shameful to think the Fish and Wildlife Service would allow the red wolf to go extinct in the wild, when there are ways to save it."

End logjam of gridlock, fill federal court slots: Where We Stand [Editorial] (Orlando Sentinel [FL] , 08/21/16)
"An emergency exists in Florida's federal court system and the group responsible for fixing the problem — the U.S. Senate — just yawns and shrugs its collective shoulders. .... And it's not just Florida that is suffering. More than 10 percent of the nation's 677 federal district judgeships are vacant, awaiting approval by the Senate. In Florida, five of 37 district judge slots, 14 percent, are unfilled. ... With a smaller number of judges taking on the growing responsibility, workloads increase, delays lengthen and costs rise.... "It's like an emergency room in a hospital," said Southern District Chief Judge Federico Moreno. " ... Eventually you burn out."... justice delayed is justice denied. It's now so bad in Florida that four of the vacancies have been declared "judicial emergencies." ... in states that have both a Republican and Democratic senator, it is easy for one of them to stop such a vote, which in Florida is what Republican Sen. Marco Rubio did on Southern District nominee Mary Barzee Flores"

Our View: Beware of congressmen in pro-wolf clothing (Arizona Republic, 08/17/16)
Editorial board: "Beware of politicians in wolves’ clothing. Two congressional efforts to seize control of the Mexican gray wolf reintroduction program may pretend to be wolf-friendly. They aren’t. The first is being pushed by Arizona Republican Rep. Paul Gosar and New Mexico Republican Rep. Steve Pearce. Both previously have sought to kick the Mexican gray wolf off the endangered-species list. Now, they are behind an amendment to the Interior Department appropriations bill that would defund the federal wolf-recovery effort. Pearce says states could do a better job.... The species is 97 times better off. And that’s because of a federally run effort that is guided by the federal Endangered Species Act, which established species diversity as a national value.... Ranchers and hunters have legitimate concerns, but those concerns do not outweigh the larger national goals outlined in the Endangered Species Act.... Yet, in the U.S. Senate, Arizona’s Republican Sens. Jeff Flake and John McCain are pushing an effort that would give states greater influence in decision making about wolf recovery and cap the number of wolves allowed in the wild. This, too, is more about empowering those who oppose wolves than helping recovery. Flake told The Republic’s Loomis that the goal of recovery should be a plan that reflects the will of the states, and cannot be reversed by a federal judge. This is a step backward.... Only after environmentalists won a court settlement did wolf numbers begin to climb, reaching 110 by 2014.... Clearly, wolves need more protection, not less. They need federal protection that is guided by the U.S. Fish and Wildlife Service to reflect the national values outlined in the Endangered Species Act."

Editorial, Aug. 12: Don't cut into public's access to beach: A case before the N.C. Supreme Court could make some parts of the beach off-limits (Wilmington Star-News [NC], 08/13/16)
"Under the state’s longstanding “public trust” doctrine, however, the public has had the right to access and use the dry-sand beach, even if technically someone’s property line extends onto it. Think of it as an easement. A couple at Emerald Isle is suing the town, ... complaining that public vehicles are driving along their dry-sand strip. The creation of this “driving lane,” they argue, constitutes an illegal taking of property without just compensation. ... Towns and counties up and down the coast are arguing that police, lifeguards, other emergency responders and trash trucks need access to this beach area. Driving down on the tidal areas would endanger more marine life.... The N.C. Supreme Court now has the case.... the beach -- all the sandy part, high tide or not -- ought to be open to the public for reasonable, non-destructive use.... If the Supreme Court justices don’t get this point right, our legislators should be ready to act."

Editorial: Extreme partisanship blocks judges, cripples federal courts (Palm Beach Post [FL], 06/27/16)
"Think it’s bad that we have an empty seat on the U.S. Supreme Court? Well, that’s just the tip of the iceberg. Senate Republicans have been so successful in their strategy of obstructing any nominees by President Barack Obama that there are now 89 vacancies in the federal courts system. Waiting to fill those spots are 58 nominees, the limbo for some going back almost a year and a half. That includes South Florida attorney Mary Barzee Flores, whose nomination 16 months ago has been blocked by her own senator, Marco Rubio. ... federal courts are where citizens go to protect important constitutional rights on voting access, the environment and discrimination. It’s where consumers and workers go to hold corporations accountable. With those courts crippled, essential liberties may be eroded."

Editorial: Habitat expansion key to right whale recovery (Eagle-Tribune [MA], 02/02/16)
"There is reason to be optimistic that the recent move by the federal government to expand the protected habitat of the North Atlantic right whale will protect the endangered species without harming its equally at-risk ocean neighbor, the commercial fishing industry.... The designation is essential to the continued recovery of the species, however, especially as more plans come forward for oil platforms in the south and wind farms and aquaculture in the Northeast. That's a bonus for the fishing industry, which has its own concerns about those endeavors."

Mercury News editorial: Stop the Delta tunnel water madness (San Jose Mercury News [CA], 01/29/16)
"Every serious scientific study of the Delta shows that its health is deteriorating because too much water already is being drained away. State biologists reported this spring that the Delta smelt, the canary in the coal mine for the Delta, is almost extinct. Salmon runs were pathetic this year. The best way for California to meet its water needs is to focus on conservation, recycling and reuse. Agriculture uses about 75 percent of the state's water supply, but only 40 percent of farmers use drip irrigation."

EDITORIAL: Cecil’s revenge: A tragic killing puts lions on the endangered list (Pitt News [PA] , 12/26/15)
"Cecil, the majestic lion shot and killed by a Minnesota dentist in Zimbabwe, was a senseless statistic in the war on Africa’s kings of the jungle. But good has come from the tragedy — amplified concern for these beautiful animals and the importance of added legal protection. To that end, the Obama administration on Monday placed lions in central and western Africa on the endangered species list."

EDITORIAL: The better days of the California condor (San Diego Union-Tribune [CA] , 12/25/15)
"A species doesn’t get much closer to extinction than did the California condor. There were just 22 of these birds in the world in 1983 .... Today, there are more than 420 California condors ... This bird with a scraggly head and a 9-foot wingspan remains endangered. But it is flying higher today than at an time in 30 years."

Editorial Hope for the threatened African lion (Los Angeles Times, 12/23/15)
"After two decades of dramatic decline, African lions are finally getting the status that they, sadly, deserve. The U.S. Fish and Wildlife Service announced Monday that it would list one subspecies of lion as "threatened" under the federal Endangered Species Act and another subspecies — of which only 900 remain in Africa — as "endangered," meaning it is at risk of extinction. The tough new regulations are a welcome move to protect these extraordinary animals, which find themselves under tremendous environmental strain.... Animal welfare groups petitioned the U.S. government to list the animals nearly five years ago."

Mercury News editorial: Drought relief held hostage to trashing the Delta (San Jose Mercury News [CA], 12/02/15)
"Central Valley Republicans want to strip out essential environmental protections for the Delta to quench Big Ag's thirst for more water for questionable orchard crops such as almonds and pistachios. The Bay Area delegation has to fight this -- but there are signs that Sen. Dianne Feinstein will go over to the dark side with House Republicans to in essence destroy the Endangered Species Act. ... Environmentalists, farmers and federal water regulators battled for 19 years to forge a 2006 settlement aimed at restoring year-around water flows to the river and reintroduce salmon and other habitat. It's crazy to undo that effort,"

Editorial: The G.O.P.’s Worst Budget Riders (New York Times, 12/02/15)
"Many anti-environmental riders have been put forward by lawmakers in committees with jurisdiction over energy, water, air quality, public lands and endangered species. Arguably the most serious threat is one that would invalidate a new rule from the Environmental Protection Agency that clarifies which waters are protected under federal law from unrestricted dredging, filling and development.... The White House has said it opposes many of these riders, and has threatened previously to veto attempts to weaken the clean-water improvements. But in 2011, the administration caved on some environmental riders. ... Republicans in the House and Senate appear divided, with the House’s far-right caucus eager for a shutdown if it doesn’t get its way and the Senate leadership desperate to avoid one for fear it would hurt its party’s electoral prospects in 2016. That is an opening for Mr. Obama to do the right thing with harmful riders: Just say no."

Editorial: Due process needed in coastal development cases (Island Packet [SC], 11/18/15)
"A court ruling in Columbia last week could spell trouble for environmental protection all along the South Carolina coast. A decision by Chief Administrative Law Judge Ralph King Anderson III would enable developers to build a half-mile long, steel sheet pile wall, road, sewer lines and water lines to a spit of shifting sand south of Kiawah Island. In doing so, the court lifted an "automatic stay" to halt this foolishness while it is being challenged in court. It only makes sense to hold off on harmful development that may not, in the end, be permitted. Why ruin the environment, only to find out later that it should not have been done? It makes no sense.... Conservationists filed an emergency appeal directly to the South Carolina Supreme Court, which will hopefully restore common sense.... Coastal Conservation League says. "It is a critically important public trust resource providing habitat to a variety of rare, threatened and endangered species."... We urge the public to support the South Carolina Environmental Law Project and the Coastal Conservation League in this fight and the subsequent fight in the legislature. We urge Beaufort County residents to make it clear to local legislators that the "automatic stay" and due process in court are vital to our economy and way of life."

Endorsements: No on Initiative 1366, Yes on Initiative 1401 (Yakima Herald-Republic [WA], 10/18/15)
"Initiative 1401, is financed by Microsoft founder Paul Allen and would target the sale of animal parts from endangered species like elephants and rhinoceroses. The Yakima Herald-Republic Editorial Board recommends the following: Initiative 1401: Yes"

Editorial: I-1401 is flawed but necessary step (The Olympian [WA], 10/17/15)
"On one hand, there is no civilized reason that Washington should allow the sale of parts taken from these threatened and endangered species. Strengthening the state’s prohibitions could fill in gaps in the enforcement of federal laws against the import and sale of endangered animals through our ports.... We support this initiative with misgivings. But its backers’ impulse is the right one. Thousands of species are being slaughtered unnecessarily. It’s time to end the market for these products everywhere."

In Our View: Vote ‘Yes’ on Initiative 1401 (Columbian [WA], 10/15/15)
"The poaching of exotic animals might seem like an issue that is far removed from Washington. Yet that should not prevent voters in this state from taking a step to combat the global scourge. With Initiative 1401 on the statewide ballot, Washingtonians have an opportunity to weigh in on the trading of exotic animal parts and set a standard for other jurisdictions to follow. The Columbian’s Editorial Board recommends a vote in favor of I-1401.... There is little that can be done in Washington to alter a global market or prevent the abhorrent practice of killing endangered animals for their tusks, horns or fins. But with Oregon and California also considering measures to reduce trafficking of such parts, this state can help build a wall along the West Coast while sending a message that such practices are unacceptable."

Editorial: I-1401 will help protect endangered species (Spokesman-Review [Spokane, WA], 10/10/15)
"Can Washington stop the slaughter of the elephants in Africa, tigers in Asia, or sharks on the high seas? The obvious answer is no. But we might save some if the financial inducements for traffickers are removed. ...Respect for nature is almost bred into Washingtonians, and the lions on Africa’s savannahs deserve the same regard we hold for the salmon in our rivers or the elk in our mountains."

Editorial: Fight ivory, other species trafficking here (Herald [WA] , 10/09/15)
"Since passage in 1972 of the federal Endangered Species Act and in 1973 of an international treaty on endangered species, trafficking in ivory and other products from those species has been illegal....the Obama administration announced it was changing regulations to ban interstate trade of most ivory and cut off commercial imports of ivory. Voters now have the opportunity to strengthen laws here that would make it riskier and potentially more costly for traffickers in endangered animal products to come through Washington state, joining similar efforts in New York and California, that would make those major ports less attractive to traffickers.... Washington state is a long way from the African savanna and Asian forests, but our position as a state with major ports of entry requires state residents to address the issue of endangered animals and the trafficking in ivory, fur, meat, shells, organs and more."

EDITORIAL: Support I-1401 and the world’s endangered animals (News Tribune [WA] , 09/30/15)
"[I]llegal hunting of endangered animals. It’s a huge and profitable business, and it is killing so many animals that many species are on the brink of extinction. ... Now an initiative that will be on Washington voters’ Nov. 3 ballot seeks to make it tougher for the trafficking in endangered species to go unpunished in this state. Voters should approve it.... It’s far too easy in much of the world to traffic in the deaths of endangered species. That’s no reason for it to be easy here, too. Vote to approve I-1401."

EDITORIAL: Sea life dying from human failures (Virginian-Pilot, 09/29/15)
"According to a study this month by the World Wildlife Fund and the Zoological Society of London, half of the ocean's vertebrate population has disappeared in just four decades....Whether it's through overfishing, pollution or carbon dioxide emissions that cause the oceans to warm and acidify, humans are harming the planet and its mammals, birds, reptiles, amphibians and fish. The decline has been significant across most species, but it's worse for animals we rely on for food or income.... One in four species of sharks or rays is now under threat of extinction.... Protecting the oceans from exploitation should be part of a worldwide solution .... Reducing pollution and run-off will help take environmental pressure off the oceans' coastal species. So will reducing the emission of carbon dioxide and other greenhouse gases that are changing the composition of the oceans themselves. There is undoubtedly time to reverse the oceans' declines, but only if humans have the will."

EDITORIAL Our view: Let the wolves into the wild (Santa Fe New Mexican, 09/28/15)
"Releasing more wolves into the wild is essential in adding genetic diversity to the wild population.... Commissioners’ decisions have made it easier to hunt and kill cougars and bears. They denied a permit to Ted Turner’s Ladder Ranch to aid in the federal wolf recovery program by providing pen space — a reversal of 17 years of a program that worked. This clearly is a Game Commission hostile to wild animals. Should the commission not allow the release of additional wolves, we trust that U.S. Fish and Wildlife Service bosses will use the Endangered Species Act to force New Mexico’s hand. Under federal law, the United States is charged with protecting the endangered wolves and striving to ensure their survival. ... Such short-sightedness on the state level must be fought by aggressive federal action. If the states won’t do the right thing by wolves, the federal government must act, using its authority under the Endangered Species Act."

Editorial: The greater sage grouse and the lesser prairie chicken: let science decide (Los Angeles Times, 09/25/15)
"The chicken is one of several species that lawmakers want to pluck out from under the Endangered Species Act through language inserted into the Interior bill, in effect seeking to dismantle the law one species at a time. It also would take gray wolves in Wyoming and the Great Lakes states off the list of threatened species and prevent the Fish and Wildlife Service from listing the Sonoran desert tortoise. Even more troubling is a provision that would halt the service's efforts to tighten restrictions on the importation and sale of ivory in the U.S. as part of a global effort to stop the slaughter of African elephants. Meanwhile, another House bill — to reauthorize defense programs — would de-list the American burying beetle .... decisions about their conservation shouldn't be made by members of Congress and corporate interests. Whether a species is so robust that it does not require the protection of the Endangered Species Act must ultimately be a scientific call, not a political one."

Editorial: True conservatives support environmental protection (Richmond Times-Dispatch [VA], 09/20/15)
"A Democratic president’s trip reminds Republicans of their historic ties to environmentalism. Theodore Roosevelt’s embrace of conservation planted the seeds for the environmental movement. Nixon created the Environmental Protection Agency. New York Sen. James Buckley showed that certain “green” policies were compatible with conservative principles. Officials in Virginia and its neighbors have developed a heightened appreciation of the need for government intervention to save the Chesapeake. ... A faction among conservatives refuses, with sectarian zealotry, to concede the reality of climate change and the strong possibility than humanity has contributed to warming. A carbon tax deserves conservative support; cap-and-trade deserves serious debate. The Endangered Species Act has fallen under siege, too. Ideologues want to undermine its effectiveness and to limit its scope. This dismays.... the pope’s encyclical letter, “On Care for Our Common Home,” takes a broad view of humanity’s gifts and obligations that conservatives ought to find congenial. ... It is time for conservatives to listen to what their better angels have to say about the environment. Obama went north to Alaska; conservatives can apply much of his message to regions south of the Last Frontier."

EDITORIAL: Our Voice: Thumbs up (Tri-City Herald [WA] , 08/02/15)
"Cracking down on trafficking Thanks, in part to the backing of Microsoft co-founder Paul Allen, Washington voters will have a chance to send a strong message to those who seek to profit from the killing of certain animals threatened with extinction. ... Until we take steps like this to dry up demand, hundreds upon hundreds of elephants will be poached for their ivory and the carcasses of rare rhinos will lie rotting in the African bush so their horns can be ground into black market aphrodisiacs."