August 20, 2019

The Courts v. Congress

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What a mess the Courts have made as it may pertain to Endangered Species Act (ESA) rulings. Court interpretations of the ESA have essentially rendered the Act a useless instrument to deal scientifically with specie issues. Because of out of control Courts, it has literally taken an act of Congress to effect some sort of sanity back into reality…..or not.

In the latest issue of the Sportsman’s Alliance of Maine (SAM) newsletter, Gerry Lavigne, a former Maine Department of Inland Fisheries and Wildlife (MDIFW) biologist, now works with SAM as a science adviser, wrote an article titled, Trojan Lynx.

In that article he writes: “To make matters worse, the USFWS lumped all 14 states into one recovery area, or “Distinct Population Segment” (DPS). Biologically, there are four distinct and separate lynx populations in the lower 48 states. Each of these four lynx populations extend into Canada….

“Recovery and removal of the lynx from the endangered species list depends on all four subpopulations attaining some as yet undetermined recovery standards simultaneously. What are the chances? How the USFWS chose to define the listing appears corrupt, and lacking biological integrity.

Lynx canadensis  Canada Lynx

The yellow-shaded areas show the historic range of Canada lynx throughout North America.

I’m not sure I agree totally with Lavigne’s assessment but that has little bearing on the bigger issue at hand. There was corruption all around during the Canada lynx listing process, and so we know that the choice to list the lynx was all based in political corruption and animal rights activism. Little can be done to reverse that act as history has shown government agencies and their pal environmentalists are not held accountable for any of their corrupt actions.

At this juncture, it matters not whether the USFWS listed lynx as “threatened” in one recovery area, 4 or 4,000, the Courts have decided, twice that I am aware of, that the USFWS doesn’t have authority to do that. Yesterday I explained this in an examination of Judge Beryl Howell’s recent gray wolf nonsense ruling.

Lavigne states that the only way the lynx can be taken off the list of protected species is when all lynx in all of the Lower 48 States are recovered – and we don’t know what the recovery criteria is because the USFWS has, of yet, to make that determination. (Sanity would suggest that in order to declare something “threatened” there must be some kind of data to show that and at the same time to have knowledge of what it will take to declare a species recovered. Otherwise how can such an act come about other than through corruption? But we don’t deal in normal things.)

At the present moment I think Lavigne is correct, according to the Courts. Judge Howell’s and Judge Friedman’s rulings both said that the USFWS doesn’t have authority to create a DPS for the purpose of delisting a species. And yet reality shows that they have authority to create a DPS for the purpose of listing a species. This cannot be and makes no sense at all. A complete one way street as I see it.

I almost never support the USFWS because they are agenda oriented, biased, corrupt and inept, but I do believe that part of the USFWS’s decision in listing the lynx originally as one segment in the Lower 48 States, their belief was, from past events, that they could chunk out a separate population segment and declare lynx (or any other species) within that segment recovered. The Courts have said no way.

Even though the USFWS has provided the Friedman Court an explanation of where they get authority within the ESA to create DPS and delist, and the Obama Administration drafted and entered into the Federal Register their definitions of historic range, current range and “significant portion of its range” evidently the Courts don’t want anything to do with that stuff.

The Courts have created a legal mess, destroying the ESA and rendering the functioning of the USFWS as nothing more than a government agency trying to work with both hands tied behind their backs. This all brings the solution back to Congress. As with what happened in Montana and Idaho, because the Courts are so ignorant of wildlife issues, and corrupt due to activism, then the Legislature has to do what legislatures do and that’s write more laws. When a corrupt Congress decides that the corrupt courts can’t interpret laws as they were corruptly written, then the lawmakers simply write new corrupt laws even if if means circumventing the corrupt rule of law. Make sense to you?

Lavigne asks what the chances are that lynx will be recovered simultaneously throughout 14 states. The answer is never and that is the reason why the Courts rule in favor of the environmentalists because animal protection, in their perverted minds, must be continual, and that includes no hunting, trapping and fishing. Go ahead. Keep denying it.

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