The court challenge to ESA revisions

In August, then Secretary of the Interior Dirk Kempthorne proposed revisions to regulations implementing the Endangered Species Act federal agencies to avoid consultation with the Fish & Wildlife Service when the effects on a listed species or its designated critical habitat "[a]re not capable of being meaningfully identified or detected in a manner that permits evaluation." In late December, Jerry Brown, Attorney General for the State of California, filed suit to block the changes (press release, 30 December 2008).

Last week, Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Oregon, and Rhode Island joined California's suit (press release, 16 January 2009). From last week's press release:

The lawsuit, which was filed last December in the U.S. District Court for the Northern District of California, alleges that the Bush Administration:

• Violated the Endangered Species Act by adopting regulations that are inconsistent with that statute;
• Violated the National Environmental Policy Act by failing to consider the environmental ramifications of the proposed new regulations; and
• Violated the Administrative Procedures Act by not adequately considering public comments submitted by the Attorney General and numerous other organizations and concerned citizens.

Oregon Attorney General John Kroger had this to say about the suit (source):

"There is nothing more important than the rule of law," Oregon Attorney General John Kroger said. "These backdoor Bush Administration rules violate federal law and harms Oregonians. The Department of Justice will aggressively protect our state in court, especially when our environment and our basic civil rights are threatened."

Kroger said the Bush administration bypassed Congress by instituting these regulations on Dec. 16, "The last possible minute," according to Kroger, "allowing for little congressional input and only a short window for public participation."

Here's hoping that the lawsuit is successful. It's no surprise that the Oregon Attorney General joined the suit. He has a good example of why consultation is needed in his own state.