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calendar   Saturday - July 22, 2006

Moonbat judge sides with extinct woodpecker

July 20, 2006

Woodpecker Halts Ark. Irrigation Project
By ANDREW DeMILLO
ASSOCIATED PRESS

LITTLE ROCK, Ark. (AP) - A federal judge halted a $320 million irrigation project Thursday for fear it could disturb the habitat of a woodpecker that may or may not be extinct.

Got that? The last confirmed sighting was in 1944. It’s been thought extinct since then.

The dispute involves the ivory-billed woodpecker. The last confirmed sighting of the bird in North America was in 1944, and scientists had thought the species was extinct until 2004, when a kayaker claimed to have spotted one in the area. But scientists have been unable to confirm the sighting.

A kayaker who just happens to know what an extinct woodpecker looks like? I smell something fowl there.

Still, U.S. District Judge William R. Wilson said that for purposes of the lawsuit brought by environmental groups, he had to assume the woodpecker exists in the area. And he ruled that federal agencies may have violated the Endangered Species Act by not studying the risks fully.

“When an endangered species is allegedly jeopardized, the balance of hardships and public interest tips in favor of the protected species. Here there is evidence” that the ivory-billed woodpecker may be jeopardized, he said.

The judge assumes, eh? You know what happens when you assume somthing… I still think that kayaker activist is in on this. Get this paragraph:

The National Wildlife Federation and the Arkansas Wildlife Federation had sued the Army Corps of Engineers, arguing that the project to build a pumping station that would draw water from the White River would kill trees that house the birds and that noise from the station would cause the woodpeckers stress.

If the National and Arkasas Wildlife Federations know which trees the extinct bird lives in, then it should be easy to confirm the existence of the woodpecker. The burden of proof should be on those who say something exists. To prove it doesn’t exist is to try to prove a negative. Besides, the project is 14 miles away from the alleged habitat. What noise is gonna carry 14 miles?


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Posted by Christopher   United States  on 07/22/2006 at 06:14 PM   
Filed Under: • EnvironmentJudges-Courts-Lawyers •  
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