indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
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...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Indigenous activists reclaim nation's capital in defiance of Trump (4/28)
Cheyenne River Sioux Tribe ends appeal in Dakota Access lawsuit (4/28)
Ute Tribe demands 'voice' as Trump orders review of Bears Ears (4/28)
Senate panel takes up bill to bring AMBER Alert funding to tribes (4/28)
Gun Lake Tribe prepares for grand opening of casino expansion (4/28)
Arne Vainio: We lost a fluent Ojibwe speaker in Larry Smallwood (4/28)
Native Sun News Today: Runners from Standing Rock head to Ohio (4/28)
James Giago Davies: People tell me it's better to read about pets (4/28)
Harold Monteau: Supreme Court stirs smelly pot of fish head stew (4/28)
Steven Newcomb: 'Picking Fights' book is a must-read for Natives (4/28)
Whiteclay liquor stores must close temporarily amid court battle (4/28)
Disputed leaders of Nooksack Tribe hit by Supreme Court decision (4/27)
Indigenous activists make presence known for climate march in DC (4/27)
Interior Department announces $5.7M in tribal preservation grants (4/27)
Mark Trahant: Senate candidate cites Standing Rock as 'awakening' (4/27)
Native Sun News Today: Battle over Whiteclay liquor just beginning (4/27)
Ivan Star Comes Out: Why are we still dealing with racism today? (4/27)
Albert Bender: Navajo family still waiting on justice for loved one (4/27)
Whiteclay liquor stores win surprise court ruling on liquor licenses (4/27)
Dakota Access firm faces fines for two spills of drilling fluid in Ohio (4/27)
Gathering of Nations gets ready for annual powwow in new venue (4/27)
Secretary Zinke lacks leadership team more than a month into job (4/27)
Republicans seek to avoid shutdown with temporary spending bill (4/27)
Supreme Court ruling seen as benefit to casino bus crash lawsuit (4/27)
Mashantucket Tribe charges off-duty officer for assault at casino (4/27)
Trump singles out Bears Ears as an 'abuse' of government's power (4/26)
Doug George-Kanentiio: Let's call Columbus by what he truly was (4/26)
Native Sun News Today: Lakota youth set up beekeeping business (4/26)
Cronkite News: Trump seeks to hire thousands of border officers (4/26)
Doug Pibel: New film teaches us about value of indigenous seeds (4/26)
Jenn Weddle: 'Best possible result' from court in sovereignty case (4/26)
Peter d'Errico: Oneida architect offers indigenous approach to law (4/26)
Whiteclay liquor stores aim to stay open pending fight for licenses (4/26)
Support for Standing Rock Sioux Tribe leads to recall in Alaska city (4/26)
Mishewal Wappo Tribe loses appeal in federal recognition lawsuit (4/26)
Police use tear gas & rubber bullets at indigenous protest in Brazil (4/26)
Mohegan Tribe wants gaming disputes resolved in judicial system (4/26)
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.