CBD Files Intent to Sue in 30 Days if Caves Not Closed

This is a forum intended only for discussion of White Nose Syndrome.

Moderator: Moderators

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby nathanroser » Jul 5, 2011 10:14 pm

The 30 days passed awhile ago, any word on if the CBD has gone through with suing or if anything besides reviewing bat population statuses has been done?
User avatar
nathanroser
NSS Hall Of Fame Poster
 
Posts: 371
Joined: Feb 6, 2011 12:44 pm
Location: Syracuse, NY
Name: Nathan Roser
NSS #: 62848
Primary Grotto Affiliation: Syracuse University Outing Club
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby PYoungbaer » Jul 6, 2011 6:38 am

Nothing yet.
PYoungbaer
NSS Hall Of Fame Poster
 
Posts: 1365
Joined: Apr 30, 2008 4:04 pm
Location: Plainfield, VT
NSS #: 16161 CM FE
Primary Grotto Affiliation: Vermont Cavers Association
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby nathanroser » Jul 6, 2011 4:51 pm

Well the CBD just put out the press release that they're filing a suit against the Bureau of Land Management over issuing permits for the convention.
User avatar
nathanroser
NSS Hall Of Fame Poster
 
Posts: 371
Joined: Feb 6, 2011 12:44 pm
Location: Syracuse, NY
Name: Nathan Roser
NSS #: 62848
Primary Grotto Affiliation: Syracuse University Outing Club
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby NZcaver » Jul 6, 2011 5:00 pm

muddyface wrote:Well the CBD just put out the press release that they're filing a suit against the Bureau of Land Management over issuing permits for the convention.

Thanks for the heads-up. I posted the press release in a new topic here.
User avatar
NZcaver
Global Moderator
 
Posts: 6367
Joined: Sep 7, 2005 2:05 am
Location: Anchorage, Alaska
Name: Jansen
NSS #: 50665RL
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby tncaver » Jul 6, 2011 6:26 pm

I hope the CBD loses their case. Jerks.
tncaver
NSS Hall Of Fame Poster
 
Posts: 2642
Joined: May 17, 2007 7:03 pm
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby BrianC » Jul 6, 2011 7:11 pm

tncaver wrote:I hope the CBD loses their case. Jerks.

There cannot be a case because there is no evidence.
User avatar
BrianC
NSS Hall Of Fame Poster
 
Posts: 2061
Joined: Oct 2, 2006 2:34 pm
Location: up on this here mountain
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby nathanroser » Jul 7, 2011 9:32 am

Anyone know if these suits actually have a court session somewhere? I live near D.C. and would love to see this play out in court if the suit is decided in a federal court in the Capitol.
User avatar
nathanroser
NSS Hall Of Fame Poster
 
Posts: 371
Joined: Feb 6, 2011 12:44 pm
Location: Syracuse, NY
Name: Nathan Roser
NSS #: 62848
Primary Grotto Affiliation: Syracuse University Outing Club
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby PYoungbaer » Jul 7, 2011 11:20 am

The case was filed in Washington DC's federal district court, but is not yet available on line. Should be by the end of the day.
PYoungbaer
NSS Hall Of Fame Poster
 
Posts: 1365
Joined: Apr 30, 2008 4:04 pm
Location: Plainfield, VT
NSS #: 16161 CM FE
Primary Grotto Affiliation: Vermont Cavers Association
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby PYoungbaer » Jul 29, 2011 6:44 am

The U.S. Fish and Wildlife Service sent formal replies to the Center for Biological Diversity on their various petition requests under their Intent to Sue letter. In addition, USFWS also replied to the NSS - we had filed formal comments on the CBD petition.

Both of these documents are available under the Breaking News section of the NSS' WNS website.

Essentially, USFWS says it can only respond for USFWS, not the other petitioned federal agencies. It says that since it closed its Wildlife Refuge system, it did effectively respond for itself. It goes on further to say that CBD did not comply with the required format for promulgating administrative rules, and therefore denies the petition.

However, USFWS also goes on to say that it is continuing to review the caving advisory, and will be soliciting public comment. They also say that the redefining of "take" under the federal Endangered Species Act is not supported by current science, and that notifying all cave owners, public and private, is a practical impossibility.

In the reply to the NSS, USFWS simply refers to the reply to CBD, and then compliments the NSS for our history of cave conservation work, and tells us that they will be soliciting our input on the caving advisory.

We only have these letters in pdf format, so please go to http://www.caves.org/WNS and scroll to Breaking News to read them.
PYoungbaer
NSS Hall Of Fame Poster
 
Posts: 1365
Joined: Apr 30, 2008 4:04 pm
Location: Plainfield, VT
NSS #: 16161 CM FE
Primary Grotto Affiliation: Vermont Cavers Association
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby tncaver » Jul 29, 2011 7:46 am

Perhaps the CBD should be using their own money to buy up ALL caves to "protect" bats. It seems there are a few bridges and attics they are going to have
to buy as well. BTW, I have a bridge I'd like to sell them. CBD has a big mouth but they don't put their money where their big mouth is. The CBD petition is ridiculous. I commend the USFWS for standing up to the CBD and explaining things in simple terms, although such simple straight forward language
might be too difficult for their lawyers to understand. However the USFWS has still closed all their caves and still thinks humans can transport WNS?
Last edited by tncaver on Jul 29, 2011 7:29 pm, edited 1 time in total.
tncaver
NSS Hall Of Fame Poster
 
Posts: 2642
Joined: May 17, 2007 7:03 pm
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby BrianC » Jul 29, 2011 8:47 am

This is a win in anyone's book!
User avatar
BrianC
NSS Hall Of Fame Poster
 
Posts: 2061
Joined: Oct 2, 2006 2:34 pm
Location: up on this here mountain
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby Steve Pitts » Jul 29, 2011 9:36 am

I think the USFWS has handled this matter very well indeed.
Steve Pitts
Frequent Poster
 
Posts: 59
Joined: Dec 29, 2009 4:36 pm
Location: Ardmore, Tennessee
NSS #: 31111
Primary Grotto Affiliation: Huntsville Grotto
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby wyandottecaver » Jul 29, 2011 7:00 pm

sure they handled it great. The CBD says "you should close all caves" The USFWS says "we think your right, and we closed all of ours, you should sue the other federal owners to get them to close theirs"

They are going to solicit our input on the caving advisory....great. They solicited our input on their previous WNS planning document too....then effectively ignored us.

It is good that they are not pursuing a re-definition of harm...but of course if they had, then a LOT of groups would be sending intent to sue letters.
I'm not scared of the dark, it's the things IN the dark that make me nervous. :)
User avatar
wyandottecaver
NSS Hall Of Fame Poster
 
Posts: 2902
Joined: Aug 24, 2007 8:44 pm
Location: Indiana
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby Steve Pitts » Aug 1, 2011 9:29 am

I guess I had a much too optimistic assessment of this result.....
Steve Pitts
Frequent Poster
 
Posts: 59
Joined: Dec 29, 2009 4:36 pm
Location: Ardmore, Tennessee
NSS #: 31111
Primary Grotto Affiliation: Huntsville Grotto
  

Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby wyandottecaver » Aug 2, 2011 4:39 pm

well, Im admittedly highly skeptical regarding USFWS actions. The truth is probably somewhere in between.
I'm not scared of the dark, it's the things IN the dark that make me nervous. :)
User avatar
wyandottecaver
NSS Hall Of Fame Poster
 
Posts: 2902
Joined: Aug 24, 2007 8:44 pm
Location: Indiana
  

PreviousNext

Return to White Nose Syndrome (WNS)

Who is online

Users browsing this forum: No registered users