Federal Judge Threatens to Hold Norton In Contempt For Failure To Comply With Manatee Protection Deal
Judge Says Bush Administration “Not Above The Law”
(07/31/2002) - WASHINGTON – Save the Manatee Club, Defenders of Wildlife, The Humane Society of the United States, the Sierra Club, and a coalition of more than a dozen other groups today applauded a demand by Federal District Court Judge Emmet G. Sullivan that Interior Secretary Gale Norton must show cause why she should not be held in contempt of court for her department’s refusal to comply with a settlement agreement intended to protect manatees in Florida. The judge also ordered the department to designate sanctuaries and refuges for manatee protection throughout Florida by November 1, 2002, one month earlier than the government had proposed."If you undercut a deal, if you violate a
court order, you can't do that without any consequences," said Eric Glitzenstein
of Meyer & Glitzenstein, lead attorney for the coalition. "While we
certainly agree with Judge Sullivan’s strong words to the administration, the
most important thing is that he has ordered them to finally complete the
long-overdue measures they promised to protect manatees, instead of the
bureaucratic, legalistic run-around they’ve been pursuing. Our objective isn’t
just to win in court; instead, it is and will always remain putting in place
concrete steps to protect this endangered species.”
Florida state records show at least 71
manatees have died this year from boat collisions as of July 26, on pace to
easily exceed last year's total of 81 boat-related deaths.
The settlement agreement required USFWS to
designate manatee refuges and sanctuaries to reduce mortalities due to boat
strikes. It was signed in January 2001 by the U.S. Justice Department on behalf
of the Interior Department and Corps of Engineers, as well as lawyers for the
Florida Home Builders Association, Marine Manufacturers Association, Marine
Industry Association of Florida, a coalition of 18 groups that support manatee
protection, and by Judge Sullivan himself. Today’s decision follows a court
order finding the agency in violation of the agreement and requiring it to file
a written proposal outlining how it would remedy the
violation.
Instead of providing a remedy, however, the USFWS in its July 23 filing provided excuses for why it violated the agreement and offered no concrete steps toward compliance. Judge Sullivan strongly disagreed with the federal government’s legal case during today’s hearing, calling it “ludicrous” and “disingenuous,” and noting that “The government can’t pick and choose when it complies with court orders… (The government) is not above the law.”
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Defenders of Wildlife is a leading non-profit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 430,000 members and supporters, Defenders of Wildlife is an effective leader on endangered species issues. To stay current on hot topics in wildlife conservation, please visit www.defenders.org.
Contact(s):
Mike Senatore, Defenders of Wildlife, (202) 682-9400Patti Thompson, Save the Manatee Club, (407) 539-0990
Eric Glitzenstein, Meyer & Glizenstein, (202) 588-5206
