Sierra Club v. Babbitt, 15 F. Supp. 2d 1274 (S.D. Ala. 1998), is a United States District Court for the Southern District of Alabama case in which the Sierra Club and several other environmental organizations and private citizens challenged the United States Fish and Wildlife Service (FWS). Plaintiffs filed action seeking declaratory injunctive relief regarding two incidental take permits (ITPs) issued by the FWS for the construction of two isolated high-density housing complexes in habitat of the endangered Alabama beach mouse (Peromyscus polionotus ammobates). The District Court ruled that the FWS must reconsider its decision to allow high-density development on the Alabama coastline that might harm the endangered Alabama beach mouse. The District Court found that the FWS violated both the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) by permitting construction on the dwindling beach mouse habitat.
Background information
Endangered Species Act The ESA of 1973 was signed by President Richard Nixon on December 28, 1973, and provides for the conservation of species that are endangered or threatened throughout all or a significant portion of their range, and the conservation of the ecosystems on which they depend. Under the ESA, species are defined as subspecies, varieties, and (for vertebrates) distinct population segments. The ESA protects endangered and threatened species and their habitats by prohibiting the "take" of listed animals and the interstate or international trade in listed plants and animals, including their parts and products, except under federal permit. Section 9(a)(1) of the ESA sets out the general prohibition on taking listed species. Take is defined as, "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct."
Habitat Conservation Plans In 1982, Congress amended the ESA to allow limited take of listed threatened and endangered species to lawful development projects. This amendment requires the issuance of an Incidental Take Permit (ITP) by either the Secretary of Interior or the Secretary of Commerce. To mitigate possible take of listed species, Section 10(a) of the ESA requires that the parties obtaining an ITP must submit a Habitat Conservation Plan (HCP). A HCP is a required part of an application for an ITP, a permit issued under the ESA to private entities including private citizens, corporations, Tribes, States, and counties with undertaking projects that might result in the destruction of an endangered or threatened species. The HCP lays out the proposed actions, determining the effects of those actions on affected wildlife species and their habitats, and defining measures to minimize and mitigate adverse effects. The FWS and the National Marine Fisheries Service (NMFS) oversee the HCP program.
National Environmental Policy Act In 1969, the National Environmental Policy Act (NEPA) was one of the first laws ever written that established a broad national framework for protecting the environment. NEPA's basic policy is to assure that all branches of government give proper consideration to the environment, prior to undertaking of any major federal action that could significantly affect the environment. A project is federally controlled when it requires federal licensing, federal funding, or is undertaken by the federal government. When such a project is determined to have significant effects on the human environment, an environmental impact statement (EIS) is required. An EIS for a proposed project outlines in detail the proposed actions, alternative actions (including no action), and their probable environmental ramifications. The environmental impact statements must cover plausible bases, which are generally determined by the rule of reason.
Major parties
Sierra Club The Sierra Club was the major petitioner in this case. It was founded in 1892 by John Muir in San Francisco, California, and is one of America's oldest, largest, and most influential grassroots environmental organizations. The Sierra Club's mission is to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth's ecosystems and resources; to educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out those objectives.
Fish and Wildlife Service (FWS) The FWS was the major respondent of this case. It is a federal government agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats. The mission of the agency is "working with others to conserve, protect, and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people." Under the ESA, FWS is responsible for protecting endangered and threatened species and their habitats. Under provisions of section 7(a)(2) of the ESA, a federal agency that carries out, permits, licenses, funds, or otherwise authorizes activities that may affect a listed species, must consult with the FWS to ensure that its actions are not likely to jeopardize the continued existence of any listed species. Bruce Babbitt served as the U.S. Secretary of the Interior from 1993 to 2001. As the Secretary of the Interior, Secretary Babbitt was responsible for overseeing several government agencies, which included the FWS.
Facts
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