Guest guest Posted June 9, 2000 Report Share Posted June 9, 2000 ===== A message from the 'makahwhaling' discussion list ===== WHALES WIN HUGE VICTORY IN U.S. APPEALS COURT! -- THIS IS IT! The long-awaited results of the 'Metcalf v. Daley' appeal are in, and just as we predicted, the court ruled 2-1 in favor of the whales! This is HUGE, folks- and we will continue to look into this breaking news, with more information later today. As it stands now, though, the Makah whale hunt is on indefinite hold! ***** FROM KING-5, SEATTLE -------------- Federal appeals court overturns Makah whaling ruling June 9, 2000, 01:30 PM SAN FRANCISCO - A federal appeals court Friday overturned the ruling that allowed Washington state's Makah Indians to resume whaling for the first time in more than 70 years. A panel of the 9th U.S. Circuit of Appeals ruled 2-1 that the environmental impact had not been adequately considered. The case now goes back to federal court in Tacoma, Wash., for additional proceedings, including a new environmental assessment to be done by the government. The Makah had hunted whales for generations until the 1920s, which commercial whaling decimated the whale population. But the tribe moved to resume the hunt after gray whales were removed from the Endangered Species List in 1994. The Makah, claiming whaling rights under an 1855 treaty, hunted and killed a gray whale in 1999. Indian whalers have been out this spring but have not been successful. The decision reinstates a lawsuit filed by Rep. Jack Metcalf, R-Wash., sending it back before U.S. District Judge Franklin Burgess. Burgess had dismissed arguments from the congressman and animal rights groups that the environmental assessment for the hunt was inadequate. Biologists estimate 26,000 gray whales migrate each year between the waters off Alaska and Mexico. Tribal officials in Neah Bay, Wash., could not immediately be reached for comment. ***** QUOTE OF THE DAY ------------ " The Federal Defendants did not engage the NEPA process 'at the earliest possible time.' Instead, the record makes clear that the Federal Defendants did not even consider the potential environmental effects of the proposed action (Makah whaling) until long after they had already committed in writing to support the Makah whaling proposal.... " Ninth Circuit Court of Appeals, June 9, 2000 ***** ----- Sent using MailStart.com ( http://MailStart.Com/welcome.html ) The FREE way to access your mailbox via any web browser, anywhere! Quote Link to comment Share on other sites More sharing options...
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