indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Arizona tribes win ruling in eagle listing case
Tuesday, March 11, 2008
Filed Under: Environment | Law

Five Arizona tribes who hold the bald eagle sacred won a court ruling on Monday that puts the bird back on the endangered species list.

The Bush administration hailed the removal of the eagle from the list as an environmental success. "Today I am proud to announce: the eagle has returned," Interior Secretary Dirk Kempthorne said in June 2007.

But tribes and conservation groups said the decision was made without proper consultation and was based on poor science. They said that populations of the desert-nesting bald eagle in Arizona remained threatened.

In a 25-page decision, Judge Mary Murguia agreed. She said the U.S. Fish and Wildlife Service failed to consult tribes about the "arbitrary and capricious" decision.

FWS officials were given "marching orders" to remove the eagle from the list without fully addressing the Arizona issues, Murguia wrote. "These facts cause the court to have no confidence in the objectivity of the agency's decision making process," the ruling stated.

Had the agency properly considered the status of the desert-nesting bald eagle, tribes would have "provided the FWS additional information regarding the desert eagle and its importance to the Arizona Indian community that the FWS did not consider," Marguia noted. She accepted briefs from the tribes that contain more data and analysis about the sacred bird.

"The desert eagle has been a part of the Nation's traditions, religion, and history through time immemorial," the Fort McDowell Yavapai Nation wrote in its brief. "Thus, the significance of the desert eagle and its habitat, along with the sacred place they occupy within the Yavapai culture, cannot be over-emphasized."

The San Carlos Apache Tribe, the Yavapai-Apache Nation, the Tonto Apache Tribe, the and the Salt River Pima-Maricopa Indian Community also joined the case, which was filed by the Center for Biological Diversity and Maricopa Audubon. The tribes threatened a lawsuit in May 2007, when they walked out of a meeting with FWS officials, whom they felt had already made a decision on the matter.

Murguia's ruling doesn't affect the status of other bald eagle populations in the U.S. She said she is only preserving the "status quo" so FWS can properly consider the Arizona issues.

"This court victory has given Arizona's desert nesting bald eagle a stay of execution. We now have additional time to make protection for our bald eagle and its habitat permanent," said Dr. Robin Silver of the Center for Biological Diversity and Maricopa Audubon.

Relevant Documents:
Court Decision | Briefs and More

Relevant Links:
Division of Bald Eagle Management - http://www.fws.gov/migratorybirds/baldeagle.htm
National Eagle Repository - http://www.r6.fws.gov/law/le65.html

Related Stories:
Judge delays decision in eagle preservation case (2/6)
Arizona tribes support eagle preservation lawsuit (2/1)
DOI removes bald eagle from endangered list (6/29)
Comment sought on Native use of migratory birds (6/28)
Arizona tribes threaten suit over eagle delisting (5/11)



Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Film company aims to bring Native stories to life (9/2)
Walt Lamar: Tribes face problems dealing with legalized marijuana (9/2)
Jennie Stockle: Fans mock Cherokee people with Trail of Tears sign (9/2)
DaShanne Stokes: State-recognized tribes need eagle feathers too (9/2)
Indian studies professor denied position over remarks about Israel (9/2)
Tim Giago: Oglala Sioux people aren't afraid to say no to easy cash (9/1)
Native Sun News: Release of secret uranium mining data ordered (9/1)
Mark Trahant: It's past time for tribal leaders to govern the nation (9/1)
Jennie Stockle: A safe space for opponents of offensive mascotry (9/1)
John Christian Hopkins: A big thank you to the friend I never met (9/1)
National Museum of the American Indian celebrates 10th birthday (9/1)
Mother arrested in connection with child's death on Navajo Nation (9/1)
Opinion: Energy development can help secure tribal independence (9/1)
Cherokee Nation announces $170M casino and retail development (9/1)
Tunica-Biloxi Tribe won't be sharing gaming revenues this quarter (9/1)
Seminole Tribe on track to see gaming revenues increase to $2.1B (9/1)
Eastern Shawnee Tribe to reopen gaming facility in February 2015 (9/1)
Editorial: Tohono O'odham Nation didn't play by 'rules' with casino (9/1)
Opinion: Gaming good for Eastern Cherokees but not for fellow tribe (9/1)
Opinion: Federal recognition only means more casinos in California (9/1)
Native Sun News: Tribes walk out of contract support cost meeting (8/29)
Clara Caufield: Northern Cheyenne Tribe spends $2.4M on property (8/29)
Mike Johanns: Retracing steps of great Ponca Chief Standing Bear (8/29)
Steven Newcomb: Racist mascot a sign of deeper problems in US (8/29)
Lauren Jones: Affordable Care Act benefits Native Americans too (8/29)
Gila River Indian Community to see $77.6M from Cobell buy-back (8/29)
Energy boom linked to rise in human trafficking in Indian Country (8/29)
Navajo man heads up Native American Homelessness Task Force (8/29)
9th Circuit hears case over Yakama Nation tobacco manufacturer (8/29)
WAER: ICWA matters handled in 'kangaroo courts' in South Dakota (8/29)
MPR: Red Lake Nation opposes liquor license near dry reservation (8/29)
Tule River Tribe helps remove marijuana operation on reservation (8/29)
Omaha Tribe signs agreement with EPA to improve utility services (8/29)
Las Vegas Paiute Tribe rejected 'gift' from NFL team's foundation (8/29)
KPLU: Spokane Tribe maintains close ties with baseball franchise (8/29)
Opinion: HUD loan program a small step to boost Indian housing (8/29)
DNA study finds distinct population of Native people in Arctic area (8/29)
Tribes closely watching Big Lagoon Rancheria casino land dispute (8/29)
Tohono O'odham Nation to build off-reservation casino in phases (8/29)
State questions Forest County Powatatomi Tribe's slot machines (8/29)
Quapaw Tribe eyes local support for commercial casino in Kansas (8/29)
Native Sun News: Police officers who shot Indian teen get medals (8/28)
Cara Cowan Watts: Laying the groundwork for college scholarship (8/28)
Rudolph Ryser: Indigenous nations need leverage to bring change (8/28)
DOI extends $100M in Cobell buy-back offers on two reservations (8/28)
Cobell buy-backs could return over 38K acres to tribe in Montana (8/28)
Five-year-old Navajo boy sent home from school for his long hair (8/28)
Three charged with murder for death of Mississippi Choctaw man (8/28)
Lummi Nation seeks cooperation after ruling in treaty rights case (8/28)
Artist Gregg Deal takes on Indian mascots for performance piece (8/28)
Sports announcer won't use Washington NFL team's name on air (8/28)
Recruiter from Spokane Tribe's college selected for Peirone Prize (8/28)
California tribes support release of water to benefit salmon runs (8/28)
Southern Ute Tribe invests $2B in big energy production system (8/28)
County hires lobbying firm to oppose federal recognition reforms (8/28)
Tohono O'odham Nation breaks ground for off-reservation casino (8/28)
Cherokee Nation starts construction on casino at Indian allotment (8/28)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.