NEWS ROUNDUP

Supreme Court declines to hear case on water diversion for fish The U.S. Supreme Court declined Monday to hear an appeal of a lower court decision that the government can close irrigation ditches crossing U.S. Forest Service land to provide additional water to help endangered fish runs. The Supreme Court, without comment, let stand a decision by the 9th U.S. Circuit Court of Appeals that was a setback for groups seeking to limit federal control over state waters. "We consider this a great victory for protecting wild salmon," said Michael Mayer, a lawyer for the environmental group Earthjustice in Seattle. Irrigators argued that the Forest Service did not have the right under the Endangered Species Act to deny long-standing water rights to farmers. They claimed the state, and not the federal government, had the authority to set in-stream flow requirements for fish.... PROFILE: REP. RICHARD POMBO Pombo is a crusader -- a cowboy hat-wearing rancher and outspoken property rights activist who believes the government's approach to environmental regulation is too intrusive, too confrontational and often ineffective in protecting natural resources. At 43, he is the youngest chairman in the House, having jumped over nine more senior Republicans on the committee to win the job last year, with the strong backing of House Majority Leader Tom DeLay, R-Texas. Pombo, known on Capitol Hill for his ostrich-skin boots and fund-raising ability, convinced Republican leaders he could spearhead a more aggressive effort by the party to reshape federal environmental policy.... U.S. Accused of Cooking Fla. Panther Data With no more than 100 Florida panthers roaming the southwestern part of the state, a Fish and Wildlife Service biologist is accusing the agency of putting developers' needs ahead of the endangered cats. Andrew C. Eller Jr., a Fish and Wildlife biologist for 17 years, filed a formal complaint Monday alleging the agency is knowingly using flawed science in key decisions affecting how much undeveloped land is set aside for the panthers.... Sierra Club exec laments loss of federal land For Carl Pope, one statistic speaks volumes about President George W. Bush's environmental record: In just over three years, the executive director of the Sierra Club says, the Bush administration has stripped protection from 234 million acres of federal land more than all the 230 million acres protected by President Theodore Roosevelt when he ushered in a century of American land conservation in the early 20th century. That total, Pope says, includes wilderness study areas, lands designated as critical habitat for endangered species and national forest roadless areas. All have lost protection and are now open to development as a result of action by this administration, he says.... Editorial: ESA scandal A Denver zoologist whose work has called into question the validity of a threatened species listing for the Preble's meadow jumping mouse testified before Congress last Wednesday. But his revelations concerning the creature's true genetic blueprint — it's indistinguishable from mice found in abundance elsewhere, raising potentially scandalous questions about the process leading to a federal listing — wasn't all that was on Rob Roy Ramey's mind. The top zoologist at the Denver Museum of Nature & Science offered a startlingly candid critique of the sometimes slipshod science underlying the nation's most powerful environmental law, the Endangered Species Act — a point underscored last week when the professor whose work led to the animal's listing admitted he had erred in declaring it a distinct sub-species, based on examinations of only three mice.... Species Act allies Cardoza with GOP, Bush supports Dem's efforts to change law For Rep. Dennis Cardoza, the three-decade-old Endangered Species Act is a runaway train that threatens the humans in his Central Valley congressional district by damaging an already fragile economy. That strongly held belief by the Modesto Democrat is music to the ears of House conservatives, who are supporting his new legislation to make it harder for land to be designated critical habitat for the survival of endangered or threatened species, a designation that often prevents farmers or builders from using private land. Even the Bush administration is backing Cardoza's bill.... Court Rulings on Emissions Sharply Split Two Groups The Supreme Court on Monday, for the second time in a week, issued a decision on emission standards for power plants that cheered industry groups while upsetting environmentalists. The two actions came in unrelated cases, the one on Monday involving the Tennessee Valley Authority and the other last Wednesday a regional air pollution control agency in Southern California. Environmental lawyers, trying to gauge the impact of the decisions, said the cases seemed to reflect a certain hostility by the court toward aggressive steps intended to reduce air pollution.... Development May Threaten National Park A valley treasured by biologists as one of the wildest places in North America could become the site of large coal-related development projects, if two plans are realized. The proposals call for mining and gas development in the Flathead Valley in British Columbia, a sparsely settled region that includes the North Fork of the Flathead River. A few miles south, the river forms the western boundary of Glacier National Park in the United States. Kenneth Bates, president of the Cline Mining Corporation, a Canadian company, said he planned to have an open-pit coal mine operating within two years to extract hard metallurgical coal, which is in demand because of a boom in steel production in China. The other project is a series of exploratory wells to find out whether it is feasible to drill more extensively for natural gas found in coal deposits in the valley.... Reports in 12 States Find Changes to National Forest Policies Threaten Last Wild Forests in U.S., Says National Environmental Trust Reports to be released in 12 states will warn that changes to the Roadless Area Conservation Rule would destroy most of the remaining roadless areas in our national forests that remain intact. The reports, embargoed for May 4, will mark the three- year anniversary of Agriculture Secretary Ann M. Veneman's pledge to uphold the provisions of the 2001 rule. Changes to the rule protecting the last pristine roadless portions of America's national forests threaten to ravage millions of acres with commercial logging, road-building and mining. Despite Secretary Veneman's pledge, Agriculture Undersecretary Mark E. Rey recently announced that changes to the rule were imminent. Environmental groups expect the changes to follow the Bush Administration's practice of favoring logging interests instead of protecting old- growth forests for future generations. These reports specifically deal with national forests in the following states: Alabama, Georgia, South Carolina, Tennessee, Virginia, Oregon, Michigan, Minnesota, Wisconsin, Idaho, Montana and New Hampshire. Government statistics show that a reversal of the Roadless Rule could result in the complete loss of roadless forests in 11 of the 50 states. Among them are the politically important states of Michigan, Minnesota, Missouri and Wisconsin. Online copies of the reports and high resolution forest photos will be available at http://www.ourforests.org.... Popular recreation sports alter Western bargaining The growing popularity of kayaking, canoeing, fishing and other sports is helping the recreation industry gain political clout in the battle over one of the most precious commodities in the West: water. For generations, the lion's share of water went to farmers, cities and mines. The desire to go floating down a river for fun was rarely recognized as a valid reason to release or divert water from streams and reservoirs. But in recent years, recreation has gained a seat at the table.... Brazil's Road to Victory Over U.S. Cotton A cattle rancher with a master's degree in engineering from the Massachusetts Institute of Technology, Mr. Camargo thought he had understood the logic of globalization and liberalized trade. He had been an adviser for Brazil during global trade negotiations in the Uruguay round. The premise was that developing countries like Brazil could better lift their farmers out of poverty through trade, and not aid. "This is really a pioneering case,'' Mr. Camargo said after hearing about the preliminary outcome. "I wish this would have happened while I was still in the government. It's nice to be recognized.'' The W.T.O. ruled that the multibillion-dollar subsidies to the biggest American cotton farmers and agribusinesses amounted to unfair trading practices.... Some cattlemen cool to identification system A national system of tracking cattle from birth to slaughter is coming, but at least some South Dakota cattle ranchers and sale barn operators are worried about costs, potential disruptions to the markets and impacts on producers. About 100 sale barn operators and cattle producers attending the South Dakota Livestock Auction Markets Association annual meeting in Pierre were cool to presentations on individual animal identification systems.... Cattle producers seek reinstatement of $1.28 billion jury verdict The unanimous jury verdict in Pickett, et al v. Tyson Fresh Meats, Inc. had cattle ranchers cheering in February. They won a historic class-action victory that painted a picture of Tyson Fresh Meats and IBP as having intentionally manipulated the cattle markets using "captive supplies" of cattle. However, a federal trial judge shortly thereafter made a ruling that vacated the $1.28 billion jury verdict that had gone in the producers' favor. Now, the Birmingham law firm Whatley Drake has filed an appeal on behalf of cattle ranchers seeking to overturn the federal trial judge's ruling.... No sample taken of reject cow A cow that was ordered destroyed at a West Texas meatpacking plant was sent to rendering before the U.S. Department of Agriculture could collect samples to test it for a possible central nervous system disorder, USDA officials said Monday. The rendered product from the animal did not enter the human food chain and presents no risk to human health, said a joint statement by Ron Dehaven, administrator for animal and plant health inspection, and Barbara Masters, acting administrator for food safety and inspection. The cow was taken to slaughter Wednesday at Lone Star Beef in San Angelo. The statement said a veterinarian condemned the animal after seeing the cow stagger and fall, indicating either an injury or a potential central nervous system disorder, one of the signs of mad cow disease.... Rope 'em, ride 'em, mend 'em: When rodeo cowboys get hurt, volunteer physicians are there to help In 1981, the Justin Boot Co. began sponsoring the medical program, with Dr. Evans and athletic trainer Don Andrews leading the effort. Now, more than two decades later, the Justin Sportsmedicine Team, which includes Dr. Murray, treats about 6,000 cases annually at more than 125 rodeos sanctioned by the Professional Rodeo Cowboys Assn. About 150 to 200 physicians offer their medical skills for free through the Justin program at rodeos nationwide, Andrews said. Doctors typically work with athletic trainers, paramedics and other health professionals. Some arenas use training rooms as clinics while others get visits from mobile trailers....