A Fish and Wildlife Service proposal that would give the agency more leeway to delay considering new endangered species petitions is getting a chilly reception from environmentalists and others involved in litigation on the issue. Under the plan discussed in a House Appropriations subcommittee hearing last week, the service has asked Congress to cap funding for the processing of new Endangered Species Act petitions (E&E Daily, March 17).
Such a move would have legal significance because the agency routinely struggles to meet court deadlines dealing with ESA issues. Lack of funding could be a formidable defense that would yield more time for juggling its caseload, the service maintains.
It is a move that lawyers that face off against the agency in court -- including those representing environmentalists, property owners and industry groups -- do not like. They say it gives the government more excuses not to act.
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"The obvious solution to the purported lack of resources to address new listing petitions is to request sufficient resources from Congress to deal with its statutory obligations, not to ask Congress to cap the amount of money available to address the problem," said Brendan Cummings, an attorney with the Center for Biological Diversity.
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http://www.nytimes.com/gwire/2011/03/24/24greenwire-obama-plan-to-cap-funding-for-endangered-speci-79833.html?partner=rss&emc=rss