[mou] Mute Swans -- this might be the end, finally

[Jim Williams]

Forward by Jim Williams
Wayzata

Begin forwarded message:

From: Jeanette Bider <jbider@sdf.lonestar.org>
Date: June 24, 2005 8:58:27 AM CDT
To: ORNITH-L@LISTSERV.UARK.EDU
Subject: [Fwd: Judge refuses to enjoin Mute Swan control]] (fwd)
Reply-To: "ORNITH-L: the scientific discussion of Ornithology"          
     <ORNITH-L@LISTSERV.UARK.EDU>

On 15 June 2005, Judge Emmet Sullivan (United States District Court for
the District of Columbia) refused to issue an injunction against the
decision of the US Fish and Wildlife Service that Mute Swans are not a
protected species under the Migratory Bird Treaty Act. This clears the
way for the State of Maryland to proceed with its plan to reduce the
Mute Swan population in the Chesapeake Bay.

Although this is just a decision about issuing an injunction, and not a
final ruling on the merits of the case, the Judge's strongly worded
decision makes it clear that the Fund for Animals (the group suing the
USFWS) is unlikely to win later down the road. In fact, the decision
reads, "the Court is persuaded that defendants'
overwhelming likelihood of success on the merits ...."

Much as the strongly-worded decision last year persuaded the USFWS that
it would ultimately lose the case (this was prior to the enactment of
the Migratory Bird Treaty Reform Act), and that it might as well throw
in the towel and go back to write an Environmental Impact Statement, it
is possible that this strongly-worded decision will persuade the Fund
for Animals (as well as Joyce Hill, the plaintiff in the other pending
Mute Swan case) that they've reached the end of the road.

Language in the opinion also upholds the validity of the Migratory Bird
Treaty Reform Act and that it applies to Mute Swans. Moreover, while
this did not factor into the decision, the court even recognized that
"Maryland has been prohibited from using lethal means to carry out its
mute swan population control program for at least the last four years,
and that further delay may now or at some point in the future rise to
the level of substantial harm to Maryland's environmental interests or
to defendant-intervenors [Safari Club International and Ducks 
Unlimited]."


Ellen

-- 
Ellen Paul
Executive Director
The Ornithological Council
Mailto:ellen.paul@verizon.net
Ornithological Council Website:  http://www.nmnh.si.edu/BIRDNET
"Providing Scientific Information about Birds"



-- 
Ellen Paul
Executive Director
The Ornithological Council
Mailto:ellen.paul@verizon.net
Ornithological Council Website:  http://www.nmnh.si.edu/BIRDNET
"Providing Scientific Information about Birds"



-- 
Ellen Paul
Executive Director
The Ornithological Council
Mailto:ellen.paul@verizon.net
Ornithological Council Website:  http://www.nmnh.si.edu/BIRDNET
"Providing Scientific Information about Birds"