FYI Visit www.SaveTheMissouri.org to help the Missouri River! Chad Smith, Director Nebraska Field Office - American Rivers Mill Towne Building 650 J Street, Suite 400 Lincoln, Nebraska 68508 402-477-7910 402-477-2565 (FAX) 402-730-5593 (CELLULAR) [log in to unmask] -----Original Message----- From: Eric Eckl [mailto:[log in to unmask]] Sent: Thursday, November 07, 2002 3:26 PM To: Eric Eckl Subject: News: Missouri River status quo violates three federal laws, groups charge American Rivers Izaak Walton League of America National Wildlife Federation North Dakota Wildlife Federation South Dakota Wildlife Federation Nebraska Wildlife Federation Iowa Wildlife Federation Kansas Wildlife Federation Eric Eckl, American Rivers, (202) 347-7550 ext. 3023 Linda Shotwell, National Wildlife Federation, (703) 438-6083 Jeff Fleming, Izaak Walton League, (301) 548-0150 ext. 215 For Immediate Release November 7, 2002 Missouri River status quo violates three federal laws, groups charge Letter to Bush Administration officials reasserts intent to file lawsuit, full text available at www.americanrivers.org On the eve of the bicentennial of the Lewis and Clark expedition, court action is necessary to save the river that carried the explorers to the continental divide, according to a coalition of conservation organizations. In a letter to Interior Secretary Gale Norton and Army Secretary Thomas White, the organizations served notice today that they will file suit to secure new operations for six U.S. Army Corps of Engineers dams that are causing the Missouri Rivers' continued ecological decline and imposing economic hardships on some riverfront communities-in violation of the Endangered Species Act, the Flood Control Act of 1942, and the Administrative Procedures Act. Today's letter was signed by former Deputy Interior Secretary David Hayes, and supplements and updates a notice of intent first filed by American Rivers on March 30, 2000. Hayes will represent the plaintiff organizations American Rivers, the Izaak Walton League of America, the National Wildlife Federation, the South Dakota Wildlife Federation, the Nebraska Wildlife Federation, and the Iowa Wildlife Federation. "The Army Corps is clinging to the status quo in defiance of the law, clear science, and sound economics," said Hayes, now a partner at the Washington, DC office of the law firm Latham & Watkins. The U.S. Army Corps of Engineers currently releases water from its dams on a schedule intended to maximize the length of the commercial shipping season for a tiny barge industry on the lower third of the river. These unnatural flows have driven three species - the pallid sturgeon, piping plover, and interior least tern - to the brink of extinction. The region also forgoes the economic activity associated with "nearly one million recreation-based days of hunting, fishing, sightseeing and boating annually," according to one Army Corps study. According to a "biological opinion" issued by the U.S. Fish and Wildlife Service in November 2000, the Army Corps was required to modify operations beginning in the spring of 2003 to recreate more natural seasonal water levels. Despite this, the Army Corps recently secured an unwarranted extension to this deadline from the Bush Administration. The conservation organizations contend that this action violates the Endangered Species Act. "It's unfortunate that when the Lewis and Clark bicentennial kicks off next January at Monticello, the fate of the river will be in the hands of judges because of an astounding lack of leadership on the part of the Corps of Engineers," said Rebecca R. Wodder, president of American Rivers. The plaintiffs also charge that the Army Corps violates the Flood Control Act of 1942 by prioritizing the barge industry, worth at best $7 million annually, over the recreation industry, worth at least $90 annually. That law stipulates that "to the extent that the several functions of water control and utilization are conflicting, preference should be given to those which make the greatest contribution to the well-being of the people and to the areas of greatest need." "Sportsmen believed the Administration when they said would make decisions like this based on science. We are disappointed that they have not yet done so," said Paul W. Hansen, executive director of the Izaak Walton League of America. "The National Academy of Sciences concluded that these changes in flow would 'enhance the valuable fishery resources...increase waterfowl populations... increase the abundance of largemouth bass...attract more anglers to the region...provide enhanced recreational and aesthetic opportunities for both anglers and hunters...result in marked increases in user-days for recreational fishing, commercial fishing, and hunting.'" The current operations guidance for the Missouri River was banged out on manual typewriters more than 40 years ago, and the ecological, economic, and social conditions along the river have changed dramatically since then. The Army Corps has stalled development of modern dam operations schedule for over a decade, leading the plaintiffs to charge that the agency is violating the prohibition against "unreasonable delay" in the Administrative Procedures Act. "While the Administration recognizes that the Missouri River is an important part of America's history, it is doing nothing to ensure it is part of its future," said Chris Hesla, executive director of the South Dakota Wildlife Federation. "Without leadership from the White House, we must use every option available to protect this treasured river, including litigation." Erin E. Jordahl Director, Iowa Chapter Sierra Club 3839 Merle Hay Road, Suite 280 Des Moines, IA 50310 515-277-8868 [log in to unmask] [log in to unmask]