Monday, September 22, 2008

ESA Outrages, Part II

By Rich Kozlovich

The environmentalist’s victory regarding DDT gave them unprecedented power and influence, but the decision in TVA v. Hill gave them regulatory authority. Never before have individuals outside of the government been able to “not only advance, but to enforce, wildlife preservation without restraint.”

Under the 5th amendment of the Constitution it is stated that; “ nor shall private property be taken for public use, without just compensation.” Except for one occasion (which was in Tulare Lake Basin Water Storage District v. United States where-in the court ruled that this ESA action was a “taking” under the 5th amendment and the government had to pay compensation if they wanted to proceed) no federal court or agency of the federal government has declared that the seizing of private property under ESA is for public use. Unfortunately only appellate decisions carry the weight of precedent.

In September, 2004 Hurricane Ivan struck the Florida Keys. Perdido Key was devastated. Government agents declared the area a critical habited for the Perdido Key beach mouse to all the vacant lots of the displaced people of the island. So did the government help these people to get their lives back in order? No! Government agents want the entire “key as habitat for the Perdido Key Beach Mouse regardless of whether it is actual habitat, potential habitat or even suitable habitat, simply because it is in the vicinity of designated habitat, in spite of the fact that 65% of the key was already designated a critical habitat. This prohibits safer road or building construction of any kind, including recovering their homes.

“Without conducting proper scientific or economic impact studies, USFW has imposed extremely high mitigation fees and time consuming permitting processes (minimum 18 months each) thus requiring private landowners to finance land acquisition and PKBM conservation projects totaling approximately $47 Million.”
What justifies this form of bureaucratic insanity? It is based on a myth. Those who promoted the ESA and those who continue to stand by this insane and corrupt act promote the idea that there “is the “balance of nature,” the idea that nature, undisturbed by man, is perfectly balanced, and operated in universal harmony, constancy, and stability.” And they promote the idea that America was a perfectly balanced environment until European settlers arrived.

“But something profoundly important happened among American ecologists during the decade of the 1950’s. With improved biological observations, more extensive experimentation, and more thorough data keeping and analyzes suggesting that nature was not so harmonious, constant, or stable, but rather dynamic, erratic, and volatile, ecologists started to challenge the popular, age-old belief in the balance-of-nature.”

“The lobby that crafted and influenced the passage of the ESA in1973 firmly believed in and sought to restore the continent’s balance of nature by first protecting, and the preserving, the species for the normal and necessary endeavors of man. “Biologists today understand,” says Randy Simmons, “that there is no balance of nature, there is no ecological stasis, there is only change. Therefore, the Endangered Species Act cannot restore a balance of nature by restoring species.”
However, it can devastate people’s lives and livelihoods. Each week we will expand on this theme.

The information presented and quoted here is from the book Green Gone Wild, by M. David Stirling and the Perdido Property Rights, Inc. web site.

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