Judge stops Grand Prairie project
The U.S. Army Corps of Engineers has been ordered to stop work on the $319 million Grand Prairie Irrigation project until it makes a more thorough study of its possible impact on the ivory-billed woodpecker.
Federal Judge William R. Wilson today issued a preliminary injunction in a suit filed by the National Wildlife Federation and the state Wildlife Federation against the Corps and the U.S. Fish and Wildlife Service. Wilson said the defendants “failed to properly follow recommended procedures” set out in the Endangered Species Act when they agreed to monitor the project as work was ongoing rather than study the impact in advance. The irrigation project will will pump water out of the White River for farmers who are tapping out the aquifer.
The judge’s order requires that impact studies be made at the area around the pump site and along waterways that will affected by lowered water levels, and the inspection of trees for evidence of ivory-billed nesting and foraging evidence.
Both the Corps and FWS stipulated to the existence of the bird, rediscovered in 2004 in the Bayou de View area of the Cache River Wildlife Refuge.
PS -- Coincidentally, we understand the Legislative Council is going to take up the Grand Prairie project tomorrow on account of burgeoning costs and unanswered questions.
Wildlife Federation news release on the jump
Wildlife Federation News Release
A U.S. District Judge has ordered the U.S. Army Corps of Engineers to halt further construction on the $319 million Grand Prairie Irrigation Project on grounds that it may jeopardize America’s most endangered bird – the ivory-bill woodpecker. U.S. District Judge Wilson has ordered the Corps to reinitiate consultation with the U.S. Fish and Wildlife Service to determine if the project poses a threat to the ivory-bill or its habitat.
“Judge Wilson has told the Corps that they cannot leap before they look when imperiled wildlife is involved,” says Randy Sargent, National Wildlife Federation’s Wildlife Conservation Counsel. “Everyone knows that wildlife needs a home. In this case, we need to look twice before destroying the home of this critically endangered bird.”
“The pumping station for the project is less than 20 miles from where the first ivory-bill sighting was reported,” says David Carruth, a National Wildlife Federation board member and president of the Arkansas Wildlife Federation “It was reckless and irresponsible for the Corps to begin construction without knowing the impacts the project might have on the bird and its habitat.”
The National Wildlife Federation and Arkansas Wildlife Federation filed the request for an injunction in September 2005, arguing that the Corps had failed to fully consider the project’s potential damage to the bird’s habitat, and used a cursory review to conclude that this massive Grand Prairie irrigation project posed no risk to the woodpecker.
“The law is very clear on this issue,” says Carruth. “If you are going to build a project that pumps 158 billion gallons of water from an endangered species habitat each year, you have to do the proper scientific research to ensure it will not harm that species.”
In his decision, Judge Wilson said the Corps “put the cart before the horse,” by finding the project would have “no adverse impact” on the ivory-bill without first conducting on-site reviews and examining the potential effect of the project on the bird’s habitat.
The ruling will have no immediate impact on the Grand Prairie irrigation project. Construction was recently halted due to lack of funding. In the meantime, the Corps must re-initiate consultation with the Fish and Wildlife Service as required by the Endangered Species Act. This time, surveys must include “nest, roost, and active forage surveys within 2.5 miles of any construction site ‘footprint;’ identification and inspection for nesting, roosting, or active foraging in all trees 12 inches or greater in areas that will be most affected by changes in water level; and nest, roost, and foraging surveys in the forest areas adjacent to canals and pipelines.”
Comments
Good for the judge!
I can just picture the "Keep Busy" crew crying in a George Fisher cartoon.
Posted by: Spirit | July 20, 2006 03:01 PM
Can't mess with Woody Woodpecker
Posted by: Anonymous | July 20, 2006 03:13 PM
Yeah!
The Corp goes where the money goes. And, its sole regulatory exertion is moving that pesky environmental paperwork out of the way of commercial development.
Posted by: zelda | July 20, 2006 03:15 PM
What about the aquifers disappering?
Posted by: Anonymous | July 20, 2006 03:24 PM
"What about the aquifers disappering?"
Not important since we thought that we could drain the White River.
The people in the area haven't been good stewards of the water they had and now want more. The Corps needs something to do (they could restore the wetlands area off of LA but that might cut back on their future work of paving the entire Mississippi River).
Congree sets the priorities of the Corps and Congress is a branch of the Chamber of Commerce (or maybe vice versa). There is definately a pro-business agenda underway openly now rather than undercover as in past years.
Maybe a new Democratic majority will redefine the agenda of the Corp so it is for the American people rather than for business.
Posted by: Fed Up to Here | July 20, 2006 03:53 PM
That stuff about the aquifers disappearing is brought to you by the same idiots who invented global warming. Our natural resources are unending. We could pump water to the moon for a million years, or set the continent of Africa on fire, or melt the polar ice caps with atomic bombs, and it wouldn't matter. Either God is going to end the world, or we'll invent something to help.
What does matter in the here and now is that those people who tend to vote Republican - meaning, those who are tax-paying upright citizens, not hippies - get their fair share of our economy.
Posted by: AnonymousConservative | July 20, 2006 03:56 PM
Several years ago, some interested parties brought in an Israeli expert to study the problem with the aquifers. (He was one of those who figured out how the Israelis could grow crops in what was basically desert.) He spent a week in the state studying the problem and presented a complete report to the governor and whatever commission is involved here. His solution to replenish the aquifers was a relatively simple and inexpensive one. Hence, it apparently received only a cursory glance -- after all, there wasn't any money in it for anyone. Wish I could remember the guy's name.
Posted by: Anonymous | July 20, 2006 03:58 PM
.....must..... not.... take.... troll....bait.....
oooohhhhmmmmmmmmmmmmmm
Posted by: TJ | July 20, 2006 03:59 PM
.....must..... not.... take.... troll....bait.....
oooohhhhmmmmmmmmmmmmmm
Posted by: TJ
Be strong. We're here for you.
Here trolly trolly. Look here!
Posted by: Spirit | July 20, 2006 04:28 PM
Spirit...We knew you were way don't there on the importance scale..but...Sierra Club?!! Little Feller, you have gone as low as you can go...
Posted by: Anonymous | July 20, 2006 04:37 PM
Without the Sierra club, we'd all be drinking Roundup, lawnmower oil and construction mud from Lake Maumelle.
Anyway, the proper conservative solution to Grand Prairie is for the farmers to buy their water in the free market.
Instead, corporate farmers -- like most Republican-leaning 'capitalists' -- look to government to bail them out with a massive dose of corporate welfare. Buy a senator or two like Blanche, and you're good to go.
There aren't a dozen true conservatives in the Arkansas Republican party. They're all either morality police, corporate-welfare-junkies, or racist hispanic-haters.
Posted by: Roland | July 20, 2006 05:00 PM
Roland , the republican party saved your sorry ass some good money with the tax cuts..don't forget that lazy boy.
Posted by: Anonymous | July 20, 2006 05:32 PM
Oof! Troll bait has me all choked up...oof...just slobbered my Canadian beer all over my keys...oh no...sparks are flying...please, anonycon$erv-yourmaster-king...stop it! You are killing me!
Posted by: rosso | July 20, 2006 05:40 PM
Anyway, the proper conservative solution to Grand Prairie is for the farmers to buy their water in the free market.
Posted by: Roland
YES! I've said for years that Arkansas should be selling its renewable natural resource (surface water) like the Texans sell their non-renewable oil. We should be building pipelines to carry our surplus water to Arizona where we'd sell it at a premium...if we can get it across Oklahoma/Texas without them stealing it.
Every gallon that runs into the Mississippi River is money lost to us.
Posted by: Spirit | July 20, 2006 05:59 PM
Randy Young must be really pissed about this decision.
Posted by: Anonymous | July 21, 2006 04:41 AM
Judge Wilson's ruling is wonderful. This is a boondoggle and the taxpayers may escape further damage. The Soil and Water boys at state level keep forcing this down the legislature's throats but General Assembly members may finally be seeing the light. This project would have benefited a few wealthy landowners. A tiny few. Most of the farmers who originally signed on had bowed out. The Corps will have better things to do now helping people in New Orleans. That's where our tax dollars should be going, to worthwhile projects, not digging a ditch that would jeopardize the White River Refuge, which is the last great wetlands in the Mississippi delta. Soil and Water should be ashamed of themselves for keeping this monster alive. Judge Wilson was on target again and future generations will reap the benefits. It is a good day.
Posted by: billyboy | July 21, 2006 09:40 AM
Blanche,
I paid good money not to have this happen. If you don't get that judge straightened out, I'm going to call the Waltons and see if we can't find someone more effective to help us with this and the estate tax.
Remember to dance with who brought you, girl.
Posted by: EasternArkansasFarmer | July 21, 2006 11:43 AM
The rules from Christ are pretty simple during our time here:
1. Love each other
2. Take care of the Earth and the Animals.
I think we would all agree - lots of room for improvement.
Great Judge !!!!!!!
Posted by: Frank | July 21, 2006 11:50 AM
Any chance that snail darters are also there? Can you double close a project. Somewhat akin to double secret probation.
Posted by: Anonymous | July 21, 2006 12:43 PM