Tuesday, November 4, 2014

Delusional Laws


The Government Is Controlling Private Property to Save Frog Species Not Seen in 50 Years
Posted on November 4, 2014 Written by dailysignal.com
The U.S. Fish and Wildlife Ser­vice (USFWS) is seek­ing to pro­tect the dusky gopher frog on the Endan­gered Species List by des­ig­nat­ing over 1,500 acres of pri­vate prop­erty in St. Tam­many Parish, Louisiana as a “crit­i­cal habi­tat” for the embat­tled amphibian. But here’s the kicker: The frog hasn’t been seen on the land in ques­tion for over 50 years.
The fed­eral gov­ern­ment has the abil­ity through the Endan­gered Species Act (ESA) to des­ig­nate land as “crit­i­cal habi­tat” sub­ject­ing it to addi­tional reg­u­la­tions. But the gov­ern­ment can’t sim­ply claim that pri­vate prop­erty is “crit­i­cal habi­tat” with­out first con­duct­ing an eco­nomic analy­sis to deter­mine the eco­nomic impact. If the analy­sis shows that the cost of cre­at­ing a crit­i­cal habi­tat bur­dens the prop­erty owner and out­weighs the per­ceived ben­e­fit to the endan­gered species, the land can be exempted from the regulation.
In the case of the St. Tam­many prop­erty, the eco­nomic analy­sis pro­duced by the USFWS revealed that the “des­ig­na­tion could pre­clude all devel­op­ment on the land, caus­ing the landown­ers to lose as much as $36 mil­lion.” Mean­while, the land is not actively ben­e­fit­ting a sin­gle dusky gopher frog. But the plans to make the land a crit­i­cal habi­tat pro­ceed. This is a fed­eral land grab at its worst. And, unfor­tu­nately, the courts are complicit.
Oral argu­ments were heard in a U.S. dis­trict court last week regard­ing the sit­u­a­tion. U.S. Depart­ment of Jus­tice attor­ney Mary Hollingsworth noted that the prop­erty in dis­pute is a good prospec­tive breed­ing ground for the frog and is “in very good shape and could be used today if the frogs were there.”
But, as noted ear­lier, the intrigu­ing thing is that the frogs aren’t there – and they haven’t been seen there or any­where in Louisiana for 50 years. More­over, call­ing the land suit­able for the frog is debat­able at best. Pacific Legal Foun­da­tion lawyer M. Reed Hop­per noted that “this land does not include the phys­i­cal and bio­log­i­cal fea­tures that are crit­i­cal for the dusky gopher frog, so it’s no sur­prise that there aren’t any frogs on the prop­erty.” The gov­ern­ment wants to effec­tively restrict use of pri­vate land that could cost the landown­ers mil­lions to pro­tect a crea­ture that doesn’t live, and pos­si­bly could not even sur­vive, there.
Unfor­tu­nately, the court’s deci­sion allows this inanity to pro­ceed. Pacific Legal Foun­da­tion reported that a fed­eral judge “reluc­tantly” upheld the des­ig­na­tion of this unsuit­able area as “crit­i­cal habi­tat.” The judge acknowl­edged the ESA appears to go too far but sug­gested that is a mat­ter for Con­gress to address and not the courts.” The Foun­da­tion called the action by the USFWS to not fol­low its own rules an “irra­tional decision.”
An “irra­tional deci­sion” is a good way to put it. More­over, it’s out­ra­geous that the gov­ern­ment could restrict devel­op­ment of pri­vate prop­erty and cost a fam­ily $36 mil­lion dol­lars, not to men­tion the cost in jobs and eco­nomic activ­ity of not pro­duc­tively using the land. And the deeper issue of exces­sive gov­ern­ment inter­ven­tion shouldn’t be for­got­ten. M. Reed Hop­per says it well:
“Essen­tially this is sort of a test case for the Fish & Wildlife Ser­vice. This is the first time they’ve ever extended their author­ity this far, and if they get away with it here, they’re likely to do it in the future.”
Though the frog may be lit­tle, through the Endan­gered Species Act, this amphib­ian is trash­ing pri­vate prop­erty rights that should be pro­tected under the Con­sti­tu­tion, poten­tially cost­ing peo­ple mil­lions, and set­ting a dan­ger­ous prece­dent for the future.
 
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