Environmental Protection. Northern California River Watch v. City of Healdsburg 496 F.3d 993 (9 th Cir. 2007), p. 660

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1 Environmental Protection Wetlands Northern California River Watch Endangered Species Babbitt v. Sweet Home HCPs Northern California River Watch v. City of Healdsburg 496 F.3d 993 (9 th Cir. 2007), p. 660 Wetlands and the Reach of Section 404 of the CWA Navigable waters = Waters of the United States Corps original interpretation intrastate waters Corps later clarifying interpretation Migratory Bird Rule SWANCC 1

2 River Watch v. Healdsburg Cont d After SWANCC Rapanos Riverside Bayview Homes Traditional land use control Commerce Clause Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon, 515 U.S. 687 (1995), p Section 9 s Prohibition [I]t is unlawful for any person to take any [listed] species. Take is defined by the statute as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. 2

3 Babbitt v. Sweet Home Cont d Section 9 s Regulations Regulation defines harm to include significant habitat modification or degradation where it actually kills or injures wildlife. Red Cockaded Woodpecker Babbitt v. Sweet Home Cont d [U]nder [the D.C. Circuit s holding] a landowner could, for instance, remove all trees and just leave the nest tree of a bald eagle.... Once the eagle leaves the nest, then the landowner could conceivably cut the nest tree down because they haven't directly, physically harmed the bird. That illustrates the reach and somewhat ludicrous implications of Sweet Home." Michael Bean, Environmental Defense Fund 3

4 Babbitt v. Sweet Home Cont d Interpretations Respondents - limited Secretary s - reasonable D.C. Circuit s - erroneous Red Cockaded Woodpecker Babbitt v. Sweet Home Cont d "The cutting of a nest tree in which an endangered species dwells and breeds can effectively kill the bird, regardless of whether the bird is at home when the tree falls." U.S. Solicitor Gen. Drew S. Days III before the Supreme Court 4

5 Babbitt v. Sweet Home Cont d Red-cockaded Woodpeckers Found in the piney woods of East Texas Juvenile Male Adult Male USFWS The Balcones Canyonlands Process and Methodology Travis County City of Austin Lower Colorado River Authority 10+ more groups Private landowners 5

6 The Balcones Canyonlands Number and Type of Species 8 endangered 27 at risk The Balcones Canyonlands Type of Threats Development of Roads Schools Infrastructure 6

7 The Balcones Canyonlands Size of Planning Areas All of Travis County? The Balcones Canyonlands Implementation and Management Develop land management plan Assemble of a minimum of 30,428 acres in western Travis County for endangered species habitat and secure protection for a series of karst (cave) features and rare plants through Travis County 7

8 The Balcones Canyonlands Implementation and Management Cont d Provide ongoing maintenance, patrolling, and biological management of the preserved habitat, and Conduct biological monitoring and research activities 8