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Judge May Halt Project to Protect Bird

 

February 08, 2006 — By Associated Press

JONESBORO, Ark. — A federal judge heard arguments Monday over whether a vast

irrigation project intended to help farmers in eastern Arkansas will harm the

rare ivory-billed woodpecker.

 

U.S. District Judge William R. Wilson was asked by environmentalists to

temporarily stop the Grand Prairie Irrigation Project and order the U.S. Army

Corps of Engineers to conduct more environmental studies on the bird's habitat.

 

The judge said he would rule as soon as possible and might have a telephone

conference with the lawyers before making a decision.

 

Work began on the $320 million project last summer with construction of a pump

station. The station is expected to be complete, if allowed to proceed, in two

years. The project would draw 158 billion gallons per year from the White River.

Farmers have been using underground aquifers but their continued use threatens

to deplete that natural resource.

 

Attorneys for the National Wildlife Federation and the Arkansas Wildlife

Federation argued Monday that the project will kill off trees and its noise will

stress the bird.

 

The bird was believed to be extinct until kayaker and bird watcher Gene Sparling

spotted the animal two years ago and scientists confirmed its existence in the

Cache River Wildlife Refuge near Brinkley. The U.S. Interior Department last

spring announced the bird's rediscovery.

 

Plaintiffs lawyer John Kostyack said Monday that 135 acres of forest will be

destroyed to construct the pump station and an entire species of trees will die

when the water is withdrawn. He said the bird's habitat includes mature trees

but the trees lost with the project take 80-100 years to mature.

 

In addition, he said, the 14 miles between where the bird was spotted and the

pumping site is not wide enough because the bird's home range is 17 miles.

 

" This is one of the most endangered birds in the world, " Kostyack told the

judge. But " the Corps wants to move this project ahead as quickly as they can

because they fear this bird will be a death blow to the project. "

 

The corps conducted a study that concluded the irrigation project would not

significantly destroy the ivory-billed's habitat. But the environmental groups

allege the study was flawed and too narrow, and failed to comply with federal

law that protects endangered species. They said the government also should have

gotten public comment for the survey.

 

" If we allow the Corps to get away with what it is proposing, we will simply

never know the impacts of this project, " Kostyack said.

 

U.S. Justice Department lawyer Bridget McNeil said that, after the woodpecker

was captured on tape, work on the irrigation project stopped until the corps

determined that the pumping station would not harm the bird's habitat. McNeil

said most of the pipeline will follow roadway rights-of-way or will be placed in

farms or small stands of trees, she said.

 

A 30-day delay of the project would cost the corps as much as $264,000 and a

six-month wait would cost more than $3 million, she said.

 

She also told the judge that one of the plaintiffs' own experts has questioned

whether the bird was even spotted in the area.

 

Source: Associated Press

 

 

" I challenge anyone to live on my salary " [$158,000 a year].

Tom Delay

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when will humankind understand that you can't just do whatever you want

with nature.

 

 

>

> Plaintiffs lawyer John Kostyack said Monday that 135 acres of forest

will be destroyed to construct the pump station and an entire species

of trees will die when the water is withdrawn. He said the bird's

habitat includes mature trees but the trees lost with the project take

80-100 years to mature.

>

> In addition, he said, the 14 miles between where the bird was

spotted and the pumping site is not wide enough because the bird's

home range is 17 miles.

>

> " This is one of the most endangered birds in the world, " Kostyack

told the judge. But " the Corps wants to move this project ahead as

quickly as they can because they fear this bird will be a death blow

to the project. "

>

> The corps conducted a study that concluded the irrigation project

would not significantly destroy the ivory-billed's habitat. But the

environmental groups allege the study was flawed and too narrow, and

failed to comply with federal law that protects endangered species.

They said the government also should have gotten public comment for

the survey.

>

> " If we allow the Corps to get away with what it is proposing, we

will simply never know the impacts of this project, " Kostyack said.

>

> U.S. Justice Department lawyer Bridget McNeil said that, after the

woodpecker was captured on tape, work on the irrigation project

stopped until the corps determined that the pumping station would not

harm the bird's habitat. McNeil said most of the pipeline will follow

roadway rights-of-way or will be placed in farms or small stands of

trees, she said.

>

> A 30-day delay of the project would cost the corps as much as

$264,000 and a six-month wait would cost more than $3 million, she said.

>

> She also told the judge that one of the plaintiffs' own experts has

questioned whether the bird was even spotted in the area.

>

> Source: Associated Press

>

 

 

>

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in maybe another couple million years....

maybe....

 

 

>Anouk Sickler <zurumato

>Feb 8, 2006 8:34 PM

>

> Re: Judge May Halt Project to Protect Bird

>

>when will humankind understand that you can't just do whatever you want

>with nature.

>

>

 

" I challenge anyone to live on my salary " [$158,000 a year].

Tom Delay

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