Court: Permit Violates Owl ProtectionBy WILLIAM McCALL
The Associated Press
Friday, February 16, 2007; 11:03 PM
PORTLAND, Ore. -- A federal appeals court ruled Friday that the U.S. Fish and
Wildlife Service violated the Endangered Species Act when it approved a 22,000-
acre logging project that affects northern spotted owl habitat in southern Oregon.
In a case dating from 2001, the 9th U.S. Circuit Court of Appeals overturned a
lower court ruling that would allow logging based on an "incidental take" statement
estimating how many owls might be killed.
-snip-But the appeals court found the statement supporting the permit for about 75
proposed timber sales in the Rogue River Basin had no scientific foundation,
lacked a specific estimate of how many owls would be killed by the logging, and
had no "trigger" for keeping track of whether too many owls were being killed.
-snip-The ruling was welcomed by Kristen Boyles, a Seattle attorney for Earthjustice
who handled the lawsuit for the environmental groups, which included the Oregon
Natural Resources Council, now called Oregon Wild, and the Klamath Siskiyou
Wildlands Center.
-snip-