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Friday, May 09, 2008
Waiting For The Polar Bear Decision
Posted by: Hugh Hewitt at 9:22 AM
Nothing yet from the U.S. Fish & Wildlife Service on the court-mandated decision on whether or not the polar bear is a "threatened species."

The deadline is May 15. 

Background column number 1 is here.

Background column number 2 is here.

"The delayed decision announcement by the USFWS has prompted outrage by the public and several Congressional inquires into the reason for the delay," according to the Defenders of Wildlife.

Are you outraged?  Or will you be outraged if a listing effectively drives the price of gas to new heights as every carbon-emitting federal action comes under Section 7 of the Endangered Species Act?






Tuesday, April 01, 2008
Google Time
Posted by: Jonathan Garthwaite at 10:04 AM
Another great invention from GoogleMail. 

How do I use it?

Just click "Set custom time" from the Compose view. Any email you send to the past appears in the proper chronological order in your recipient's inbox. You can opt for it to show up read or unread by selecting the appropriate option.






Saturday, March 29, 2008
The New York Times and Heparin
Posted by: Hugh Hewitt at 10:11 PM
The Sunday Times covers the heparin story, but leaves the obvious questions unanswered.  From my post earlier today:

The questions I have yet to see answered in a newspaper account (or anywhere for that matter):

Where and when did the 19 fatalities occur?

During what time frame did the "hundreds" of allergic reactions occur?

Are there possible long-term consequences from use of the adulterated heparin which patients have to be vigilant about?

Have all patients who received potentially contaminated heparin been informed?

Why are there still possibly-contaminated Heparin products on the market?

Random Jottings thinks we'd have the answers to all these questions if the contamination had occurred in the U.S., and the MSM had a nice American business to crucify:



My guess is that it's mostly political. There's no domestic political angle. If An American firm were at fault, this would be a big story.



 








Tuesday, March 25, 2008
Go Blue May Not Be Alone
Posted by: Hugh Hewitt at 3:17 PM
Go Blue, the wandering wolverine of the Sierras, has been sighted again.  Or his friends.

Won't be long until the emergency listing of the distinct population.




Tuesday, March 25, 2008
The Oceans Aren't Warming?
Posted by: Hugh Hewitt at 2:49 PM
Another article with data that supports reopening the comment period for the polar bear proposed listing.




Tuesday, March 18, 2008
Polar Bears, The ESA, And Global Warming
Posted by: Hugh Hewitt at 9:44 AM
I received some e-mails skeptical of my post yesterday predicting that the listing of the polar bear as a threatened species under the federal Endangered Species Act ("ESA") would lead to massive new regulatory controls on industries that have no idea that such controls are in the offing.  These skeptics haven't spent two decades litigating the ESA and thus don't understand the Act's reach once it is operating via a listing of a species as threatened or endangered.

So I went to the site for the Center for Biological Diversity, easily the most effective environmental advocacy group at work today, and found their pitch for the listing of the polar bear:



Protection under the Endangered Species Act will provide concrete help to polar bears and could revolutionize American climate policy. Since U.S. resistance to curbing greenhouse gases has allowed other countries to shirk their responsibilities as well, major changes in American policy are likely to have a powerful domino effect, catalyzing change in climate policy worldwide. The polar bear’s protected status will require a new level of environmental review before oil and gas development continue in polar bear habitat in the American Arctic. Even more critically, because it is illegal to harm threatened species or jeopardize their survival, the polar bear listing could mean that all U.S. industries emitting large quantities of greenhouse gases — and requiring a federal permit to do so — will come under the purview of the Endangered Species Act. From polluting power plants in the Midwest to auto manufacturers, a vast array of industries may have to clean up their acts to give the polar bear a chance to survive.


The first comment period on the proposed listing ended in early April, 2007, but was reopened in October of 2007 for a brief time.  It might yet be reopened again.  Interested parties --basically everyone that uses oil or gas-- need to file comments in order to have standing to challenge the eventual decision, and ought to file even though the formal comment period has closed for the time being..

Written comments may be sent to:  Supervisor, U.S. Fish and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor Road, Anchorage, Alaska 99503.  Comments can also be e-mailed to Polar_Bear_Finding@fws.gov

The proposed rule is here.

If you operate pursuant to a federal permit and emit hydrocarbons or any other emission believed to be connected to global warming, speak now or forever hold your peace.






Friday, March 14, 2008
Go Blue, A Cad?
Posted by: Hugh Hewitt at 9:31 AM
More on the wandering wolverine of the west:



Wolverines tend to prefer higher-altitude snowfields, from 9,000 to 12,000 feet.

The males roam large areas, loops of as much as 200 miles, as they search for mates. They are love-'em and leave-'em types.

"They can have a number of mates -- three, four or five -- within a 60-mile radius," Carkeet said. "They're real cads. They knock 'em up and take off."

That's assuming they can find females at all. The species isn't reproducing at a great rate. Carkeet suspects there might be only a few dozen mated pairs in the entire Sierra.


Note the estimated size of the wolverine's range --200 miles.  That's what the inevitable lawsuit to shut down development in large parts of the Sierra will assert as a marker from which to begin designating the area in which nothing should be disturbed in order to prevent harm to Go Blue and his secretive mates.






Monday, March 10, 2008
Go Blue, Part 3
Posted by: Hugh Hewitt at 11:27 AM
More on the wandering wolverine, including fun wolverine facts to know and tell:



The North American wolverine is the largest member of the weasel family. Adult males weigh 26 to 40 pounds, while females are 17 to 26 pounds. It resembles a small bear, with a bushy tail and broad head. Its diet includes carrion, small animals, birds, insects and berries.

U.S. populations are found largely in the Northern Cascades in Washington, and Northern Rockies in Montana and Idaho. The nearest known resident population is about 900 miles north of the Tahoe National Forest in Northern Washington.








Monday, March 10, 2008
The Heparin Scandal And A Few Kind Words For Plaintiffs Lawyers
Posted by: Hugh Hewitt at 9:30 AM

Heparin is a blood thinner made by Baxter and used by hundreds of thousands of American patients.  After at least 17 deaths that may be linked to the drug, the firm is recalling it and the FDA is investigating.  (Non-Baxter manufactured Heparin remains in use and is not a danger.)

Focus is on the China-portion of the Heparin manufacturing chain.  From the Wall Street Journal (subscription required):

The FDA says it found significant amounts of a contaminant in the heparin active ingredients used by Baxter, which came from Scientific Protein Laboratories LLC of Wisconsin and that company's China joint venture, Changzhou SPL. It is still unclear what the contaminant is and how it ended up in the heparin. It is also unclear whether the contaminant is the cause of patients' allergic reactions to Baxter's heparin.

Changzhou SPL registered itself in China as a chemical manufacturer rather than a drug company. As such, it doesn't fall under the jurisdiction of China's State Food and Drug Agency. The U.S. FDA, in an oversight, also failed to inspect the facility when it began making the active ingredient for the U.S. market.



The Journal reports on the extensive pharma production operations in China, and traces the problem back to the unregulated slaughterhouses from which key ingrediants flow:

The process of heparin production has a grisly start in workshops that extract crude heparin from the intestines of slaughtered pigs. These crude heparin producers operate with essentially no oversight by Chinese health authorities. Many are small, rudimentary operations in farming communities.

The output of these heparin producers is bought up by trading companies, and may change hands several times before it ends up with consolidators who sell it in bulk to drug companies.

For the heparin supplied to Baxter, Changzhou SPL says that it relied on two wholesalers who bought heparin from six to 12 smaller workshops. Scientific Protein says it can trace supplies back to the slaughterhouses where the workshops got their raw materials.



Chinese big pharma is about to meet the American tort bar, and this is one of those occasions where the plaintiffs' bar is going to actually do a lot of good.






Monday, March 10, 2008
Go Blue, Part 2
Posted by: Hugh Hewitt at 8:56 AM
On Saturday I posted about Go Blue, the westward-wandering wolverine who turned up in the Sierra Nevada in late February.

Two reactions of note thus far.

My old colleague from KCET days, Los Angeles Times' columnist and blogger Patt Morrison is worried that someone will try and snuff GB:



This discovery is good news for the environment but bad news for this wolverine in particular.

If the wolverine's existence is verified and it’s found to be an endangered species here, which is being considered, that could upset the applecart of land-use decisions. Somebody might stand to lose a lot of money because of this critter, whose only natural predator is man.

It might not be just scientists who are trying to find the wolverine. Some other folks might be on its trail too … this time not with cameras but with traps, or even guns.

In nearly 20 years of ESA practice in California and the west, I have never heard of a landowner intentionally harming an endangered species, but imaginations tend to run wild on the subject.

Tongue-in-cheek e-mailer Peter R. accuses either environmental activists or ESA lawyers like me of planting GB to drum up business:

Hugh,
 
So an environmental activist grabs a wolverine in Michigan, puts it in a cage, drives it out to Nevada, and releases it, does that mean full employment for all of the endangered species lawyers?
 
If yes, perhaps the trial lawyers are the first to be investigated for collusion?  Or to be given awards for providing jobs for unemployed recent law school graduates? 
 
And how does this relate DIRECTLY to you as a graduate of the University of Michigan law school, did you bring in a fellow wolverine?  You are tainted by your past association with known wolverines!
 
Did you now or where you ever a wolverine???????  Have you ever associated with wolverines?
 
By the way, from time to time (perhaps every three years) a Florida panther (aka cougar as you know them in the West) walks through the 850 home compound where I live, will our entire area be proscribed from cutting our grass and cleaning the mold off from our driveways?
 
FYI, the Florida panther (aka cougar) is endangered in Florida and there are perhaps 100 of them.  A couple years ago some Texas panthers were brought in to improve the breed. 
 
Anyway, what is most important is to provide full employment for otherwise unemployed lawyers and to suck a few tens or hundreds of millions of US dollars out of the USA economy. 
 
Peter R.







Saturday, March 08, 2008
Go Blue: The First Chapter In An Endangered Species Epic
Posted by: Hugh Hewitt at 9:24 AM
A real wolverine, not the U of M kind, has appeared in the Golden State:

 

On 2/28, this photo of a wolverine was taken by a motion-and-heat-detecting digital camera in the northern part of the Sierra Nevada range in California, surprising biologists who didn't think the animal was still abroad in those parts.

The article helpfully notes:

The discovery could affect land-use decisions if the wolverine is declared an endangered species, a step the U.S. Fish and Wildlife Service is considering, although the animals typically live at high elevations where there is limited development.


There is a near certainty that the Sierra Nevada population of the wolverine will be on the federal and possibly California endangered species list soon, and that it will have an impact on development in the regions for years to come.  It is too bad that the return of a long vanished critter --even the mascot of a forlorn and doomed-to-lose-to-the-Buckeyes collegiate football program-- would carry with it the prospect of economic ruin for at least a few and perhaps many more people.

When I am not on the radio or teaching, I represent landowners in endangered species or other natural resource disputes, and have been doing so since 1989.  Here's how it will work. 

Once this new, "distinct population" of wolverines is listed as "threatened" or "endangered" under the federal Endangered Species Act ("ESA" or "FESA"), which a known and remote population of one almost certainly is, it becomes a felony to "take" the animal, which means to harm or harass any member of that population in any way --a good thing. (The owners of the automatic camera might want to check with the local U.S. Fish & Wildlife Service office about getting a permit for that project.)

One view of the ESA holds that it is "take" to destroy the habitat necessary for the animal to forage or breed, and that could be a huge expanse.  One online assessment of the wolverine notes that:
 

According to Verts (1998), the critical component of modern day wolverine habitat is the absence of human activity and development.  Similarly, Hornocker and Hash (1991) found that wilderness and remote country are essential to wolverine population viability.


Lets say Verts, Nornocker and Hash are right, and that to keep this wolverine alive you need its breeding and foraging habitat completely free of human activity and development.  If that's the case, your plan to build a cabin nearby the photo shoot is going to be understood to be "take," a felony unless the cabin builder gets a permit first.  The same is true for any road work nearby --noise will impact wolverines-- hunting and camping, and of course the operation of ski resorts or the construction of vacation villas in the region.

Wolverine enthusiasts (or anti-growth activists using the wolverine's cameo) will urge a broad definition of the region in which the wolverine or its spouse or offspring might be found, and an immediate curtailment of all human activity within that region.  Land owners and project proponents (and the state or federal agencies conducting road work or authorizing logging or resource extraction in the region) will argue that their projects can't possibly be impacting the Alpha Wolverine.  The over-under on the first law suit has got to be this time next year.

Thus begins a decades-long, very expensive set of battles over who gets to build what where in the Sierra Nevada.

Because this is such a clean start to an endangered species controversy, I will keep you posted.  But a hearty welcome back to the Golden State to S.T. Wolverine: Long may you flourish here, regardless of the silliness you set off among the humans.

UPDATEOne activist already has plans to enlist the wolverine on her side.






Tuesday, February 26, 2008
American Solutions in Silicon Valley
Posted by: Matt Lewis at 3:19 PM
Newt Gingrich's American Solutions has opened an office in Silicon Valley.  Long-time DC internet gury David Kralick is managing the operation out there.  Here's his blog post on their efforts in the Valley, as well as a clip of Newt announcing the new headquarters ...




Wednesday, February 20, 2008
Direct Hit!
Posted by: Mary Katharine Ham at 10:58 PM
Navy pwns old spy satellite from 126 miles. Niccce.



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