



The court will be addressing one of the most basic issues of maritime law: whether a ship owner can be punished for the actions of its agents at sea.It is not encouraging to read the following:
Current case law, dating back to an 1818 case, says that ship owners can't be punished for the actions of their crew unless they "directed," "countenanced" or "participated" in them.
But such laws come from a different era, when captains ventured from their home port for years, argued David Oesting, the lead attorney for the more than 30,000 plaintiffs in the case.
Justice Samuel Alito, who owns between $100,000 and $250,000 in Exxon stock, did not take part in the decision to accept the appeal.I hope that the Supreme Court will do the right thing and ensure that the people affected by the spill receive the proper recompense for damaged health and injured livelihoods.
The court's last ruling on punitive damages, in February, set aside a nearly $80 million judgment against Altria Group Inc.'s Philip Morris USA. The money was awarded to the widow of a smoker in Oregon.
Park staff worked feverishly Sunday night and Monday morning to move 118 birds to safety, even as some employees were getting phone calls that their homes were in danger and they were being evacuated....Meanwhile, the Center for Biological Diversity reports that the fires have reduced habitat for several endangered species, such as the California gnatcatcher, California spotted owl, and Coastal cactus wren.
At the sprawling park, “we moved 33 species of birds, of which 13 were endangered,” said Michael Mace, the curator of birds.
Park workers chased, captured, crated and carried the birds to the Paul Harter Veterinary Clinic on the south side of the park, away from the flames.
The only significant park damage was to an outlying condor breeding facility and to storage units and lights for the park's annual holiday season display.
Among the endangered species threatened by the fire were five California and two Andean condors housed in the breeding facility.
They were also the hardest to capture, Mace said. The birds have 10-foot wingspans and a bad attitude.
Mace said the birds were anxious because of the fire and disliked being chased around their enclosure by pesky humans.
“The condors go all the way to the top (of the enclosure) to get away from the staff, so you have to go up in the wire to try to capture them to take them to safety, and they don't know why you're doing that,” Mace said.
He said park workers also hustled 10 Micronesian kingfishers – one-tenth of the world's population of the rare bird – to safety.
The founding director of the California Chaparral Institute, Mr. Halsey has spent four years defending the existence of chaparral, the term given to the wide varieties of shrubby plants, trees and bushes that dot the region's hilly landscape. His Web site, Californiachaparral.com, celebrates its diverse plant life, seasonal ponds that gleam like "liquid sapphires" and birdlife that includes bushtits and towhees.The whole article is worth a read, as a look at the issues in fire prevention in California's natural areas.
"I awaken each morning to a view of old-growth chaparral coating a nearby mountain like a carpet of green velvet," he writes. "The first sound I usually hear is that of the wrentit, a secretive, little bird with a descending whistle that mimics the beat of a bouncing Ping-Pong ball."
On Tuesday, Mr. Halsey found himself standing on the roof of his century-old home, garden hoses at the ready, as wildfire spread across the chaparral and torched houses a quarter-mile away. The Witch Fire, as the conflagration was named, was bearing down on his town of Escondido, Calif., just northeast of San Diego, feeding off the bushes Mr. Halsey has fought to save.
"It was a privilege for me to congratulate Joe Hautman when the judges chose his art to grace the 75th Duck Stamp," said Secretary Kempthorne. 'The Duck Stamp program is unique in the realm between art and conservation. This art will be transformed into an equally beautiful stamp and help protect wetlands by generating funding through the sale of that stamp to hunters, stamp-collectors and conservationists. People talk about how art can change the world, and the Duck Stamp is an excellent example. You just need to look at the more than five million acres of waterfowl habitat protected by their purchase using funds from the stamp for proof of the power of this art."I am sure a few people buy the stamp primarily because they love the artwork. Since the stamp is required of hunters and provides a tangible benefit for birders, presumably most funds are generated because people have to buy the stamp. So what it actually shows is the power of federal regulation. (But don't expect a loyal Bushie to say that!)
Amendments to the plan were:According to its backers, the TNR policy so far has shown some success in reducing the feral cat population:
- Continue TNR program under control of registered caregivers monitored by the city’s Animal Control Officer.
- A phasing in of microchipping animals.
- Establishment of a 1,000-foot buffer zone between cat colonies and beach nesting areas of endangered birds.
- Eliminate requirement of licensing cats.
- Establish a census of cats to be conducted every five years.
- Enact stiff fines for animal abandonment.
City Animal Control Officer John Queenan said the TNR program was successful in the city and had lowered the feral cat population from close to 400 cats in 1995, when it began, to about 100 cats currently. Since all cats returned to the outdoors are neutered, he said cat colonies were decreasing in size and would continue to do so as cats died off due to old age.
TNR has been promoted by national and local groups as the only humane way to manage stray and feral cats. Unfortunately, managed cat colonies are known to persist for 15 or more years, and well-fed cats still prey on birds and other wildlife. The ability of TNR programs to reduce a local population of stray and feral cats, i.e. in a neighborhood, depends on a number of variables, including original size of the colony, the location, the commitment and skill of the volunteers, their financial resources, whether there are local cat control ordinances in place and enforced, and whether there are low-cost spay/neuter services readily available. It is also important to note that spayed or neutered cats that have a regular food source are likely to live longer than feral cats without human assistance.Birdchaser suggests that birders boycott Cape May until a better policy is enacted, or at least raise complaints. One organization with a major presence at the cape is NJ Audubon. So far they have been fairly quiet on this issue and appear to be avoiding public comment. (Most TNR-related content on their website is a year or more old.) I do not know whether they are trying to influence the outcome behind the scenes. I would be interested in reading their perspective on this, in any case.
Feral cat colony caretakers have often not helped their cause by maintaining colonies near sensitive wildlife habitats, and by not sterilizing enough cats, fast enough, to reduce the visible population to none within the three-to-five-year average lifespan of a feral cat who survives kittenhood.If there were 500 feral cats in 2003 (i.e., 100 more than in 1995), then any subsequent reductions are probably a result of something other than the program.
Cape May, New Jersey, for example, has had an active neuter/return network since 1992, encouraged by animal control chief John Queenan. ANIMAL PEOPLE mentioned the Cape May project as a model for other communities in 1993. But Cape May is perhaps the most frequented resting and feeding area for migratory birds along the entire Atlantic flyway. Many visiting species are in decline, including the tiny red knot, which flies each year all the way from the Antarctic to the Arctic and back. Cape May is also among the nesting habitats of the endangered piping plover.
The Cape May economy is driven by birders' visits. When Cape May still had an estimated 500 feral cats in 2003, ten years into the neuter/return program, the city allowed neuter/return advocates to maintain 10 cat feeding stations and weather shelters, but the U.S. Fish & Wildlife Service began demanding that feral cat feeding be ended.
Many cats were removed from sensitive areas and housed in two trailers, one belonging to Cape May Animal Control and the other to Animal Outreach of Cape May County, the primary local cat rescue group since 1995. On May 19, 2007, however, the trailers caught fire, killing 37 cats. Cape May is currently considering withdrawing support for neuter/return and prohibiting feeding cats outdoors.
Assembly Bill 821, the Ridley-Tree Condor Preservation Act, written by Assemblyman Pedro Nava, D-Santa Barbara, requires the use of nonlead centerfire rifle and pistol ammunition when shooting big game or coyotes within specific areas of the state identified as the condor's range.In the last few years, many condors have died or become sick due to lead poisoning from ingesting spent ammunition left in big game carcasses. Seven of the fourteen birds released last year as part of the captive breeding program succumbed. Deaths from lead poisoning have hampered attempts to restore a self-sustaining condor population in the wild.
Those involved in restoring wild condors to California hailed the bill as a necessary step to ensure the success of the giant scavenger's reintroduction.
"This is a great day for the California condor and the state of California," said Glenn Olson, executive director of Audubon California. "I would like to commend Governor Schwarzenegger for signing the Ridley-Tree Condor Conservation Act and again putting our state at the forefront on wildlife protection."
"The Condor Preservation Act will significantly reduce lead poisoning of condors in California and is an important first step in getting lead out of the food chain," said Adam Keats of the Center for Biological Diversity in San Francisco.
The center, Keats said, hopes to see the Legislature or the Fish and Game Commission extend the ban on lead to include pistol and .22 caliber rimfire cartridges, and shotgun pellets or slugs used for big game, as suitable alternative ammunition of those types of weapons becomes available.
A possible new species of antwren from Bahia, Brazil has recently been described in the journal Zootaxa. Sincorá Antwren Formicivora grantsaui is found only in the campo rupestre vegetation of the Serra do Sincorá between 850 m and 1,100 m in the Chapada Diamantina region. This is an important area that holds other restricted range species such as Grey-backed Tachuri Polystictus superciliaris and Pale-throated Pampa-finch Embernagra longicauda. First observed in 1997, it is closely related to Rusty-backed Antwren Formicivora rufa, with which it sometimes occurs sympatrically. It differs slightly in some plumage characters but more importantly it has quite distinctive vocalisations and each species utilises different habitats. Formicivora grantsaui occurs on rocky outcrops in the campo rupestre and F. rufa in the adjacent savannas. If confirmed, this discovery highlights the importance of researchers using vocalisations and habitat preference in identifying distinct species.The article notes that the AOU's South American Classification Committee has yet to recognize the bird for its checklist.
The results are something of a surprise, researchers said, because several previous studies have found no link between cancer and the insecticide, which was widely used during the 1950s and '60s but was banned in the United States in 1972.There is some discussion of the report at Effect Measure.
The new work differs from all other studies, however, by focusing on the age at which women were exposed. Echoing the situation with some other breast cancer risks, such as radiation, it finds that DDT increases the risk of breast cancer in adulthood only if the exposure occurred at a young age, before the breasts were fully developed.
All told, girls who had the highest levels of the chemical in their blood during that crucial developmental period were five times more likely to get breast cancer years later than were girls who had the lowest levels. That fivefold increase is a bigger boost in risk than is now attributed to hormone replacement therapy or having a close relative with breast cancer.
From state to state and forest to forest, the situation is variable and dynamic. “There is a lot of healthy forest left,” said Dr. Joan Gardner Ehrenfeld, an expert on invasive species who is a professor in the Department of Ecology, Evolution and Natural Resources at Rutgers University.The various threats are interwoven. Sprawl leads to forest fragmentation, which in turn encourages invasive plants to proliferate. The overpopulation of white-tailed deer also makes it harder for native plants to survive and easier for invasives to take over. Some invasive plants are distasteful to deer, while the native plants are not.
But in some areas, multiple threats “are coming together as a sort of a perfect storm,” she said. “There are too many different problems all converging at the same time in the same place, and the multiple effect makes the situation all the more serious.”
These threats, experts say, include suburban sprawl, the impact of marauding invasive plants and insects, climate change and not only acid rain but also, contrarily, lack of rainfall. But in many locales, the implacable browsing of deer on young trees is killing replacement saplings, depleting shade and promoting the growth of invasive plants that smother native species.
In some areas the impact is so profound “that it looks like someone took a brown crayon and used a ruler to draw in a brown line and a green line,” Dr. Ehrenfeld said. “The green above stops at a steady line at the height that deer can reach.” Increasingly, “suburbia is uniquely designed to grow and harbor deer,” Ms. Sauer said, “because lawns and flower gardens are high-quality deer delis, and the deer are safe from hunters.” She added, “We have created a physical environment where there is no limit to their growth.”The disappearance of forest's understory and the proliferation of invasives changes the types of animals that can survive there.
Forests can heal themselves when they have a population of 5 to 10 deer per square mile, “but now 35 per square mile is common, it’s well over 50 in some places, and in a few places in New Jersey it can be 250 or even more,” Dr. DeVito said. “One overabundant species is sacrificing thousands of other species. We have to recognize that, and deal with it.”
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And newer invasives are perennially joined by older stalkers. This year some 320,000 acres of New Jersey trees were defoliated by gypsy moth caterpillars, the most since 1990, when more than 431,000 acres of trees experienced leaf loss. A growing concern is the appearance of kudzu, a climbing perennial vine that can reach heights of close to 100 feet and has caused hundreds of millions of dollars in damage to Southern woodlands.
Still, some forest managers fear a future of “boring forests” or “trash forests,” with fewer hardwoods and more species like ailanthus and cottonwoods that may transform the region’s wildlife population.So what types of birds might be affected? The primary impact would be felt by birds that depend on a rich understory for nesting or foraging. These include most thrushes, many warblers (including ovenbirds, black-throated blue warblers, and Kentucky warblers), and fox sparrows, among others. Even some canopy-dwellers, such as cerulean warblers, start to disappear when the understory is lost or degraded. Studies have shown that deer exclosure plots and forests with lower deer density have higher plant and bird diversity.
In the worst case, “we are looking forward to forests that look like the landscapes of vacant lots,” Ms. Sauer said. “Alien species, and no complexity. And that level of simplification will affect birds, mammals, butterflies, everything.”
In 2000, the Zoological Museum Amsterdam received a number of unpublished and previously unknown notes and manuscripts written by August Spennemann. Spennemann lived on Java from c.1915 to 1940 and among his notes was a detailed typed account of his observations of the Javan Lapwing in the late 1920s near Pamanukan, West Java province.A translation of the notes is available in the latest issue of Bird Conservation International.
"Spennemann's notes contain descriptions of the calls and behaviour of these birds, things we knew almost nothing of before. This discovery provides us with an amazing window onto their lives,” says Bas van Balen, one of the authors of the paper.
These records come from areas with no previous reports of Javan Lapwings and suggest that these birds may have wider habitat preferences than was previously thought.
"If it still exists the population of Javan Lapwings must be tiny and work needs to be carried out immediately to survey all potential areas,” Bas adds.
The Lake District, in the north of England, is on the front lines of a new Hundred Years’ War. It is a war between rodents. Since the 19th century, gray squirrels, an American import, have been overtaking Britain’s native red squirrels and claiming their territory. The grays have moved up from the south of England, thinning out the reds along the way. The reds now survive mostly in Scotland and the English counties, like Northumberland, that border it. The grays are larger and tougher and meaner than the reds. They can eat newly fallen acorns, and the reds cannot. They cross open lands that the reds are scared of. They are more sociable than reds, allowing for higher population densities. Although gray males cannot mate with red females, they often intimidate red males out of doing so....Read the rest.
The situation has now reached a crisis point: there are only an estimated 160,000 red squirrels left in Britain, whereas there are more than 2 million grays. Without human intervention, reds could be gone from England in 10 years. The red squirrel is a national icon, and the British government is trying hard to save it. Deliberately killing a red squirrel or disturbing its nest, called a drey, is a crime. Last year the government set up more than a dozen refuges for red squirrels in the north of England.
By some estimates, between 80 percent and 90 percent of the region’s old-growth has already been cut.The report concludes that political meddling, especially from Julie MacDonald, a former high-ranking Interior official, may have skewed this draft of the recovery plan. Democratic lawmakers wrote a letter asking Secretary Dick Kempthorne to withdraw the current plan and write a new one based on the best available science.
In 1994, the Clinton administration released its Northwest Forest Plan, which restricted logging on roughly 7 million acres of federal lands. Though Clinton administration officials estimated that their plan would allow for the logging of about 1 billion board-feet of timber a year in Washington and Oregon, only about 300 million board-feet a year has been harvested.
Meanwhile, the population of the spotted owl, especially in its northern range, has continued to decline.
The draft recovery plan identified competition from the barred owl as the primary threat facing the spotted owl, not the loss of habitat as previously thought. The barred owl isn't native to the Northwest, but has moved west from the eastern United States as the forests have been logged. The barred owl is less selective in its habitat than the spotted owl and more aggressive than its cousin in competing for habitat and food.
But the unidentified scientists who conducted the peer review said basing the recovery plan on eliminating barred owls was unsupported by scientific studies.
“Habitat loss from timber harvest remains the sole threat for which there is extensive supporting scientific information,” wrote one scientist. “In contrast, little scientific information on potential adverse effects of barred owl range expansion is currently available. Primary emphasis on the barred owl is misplaced at this time because of a lack of supporting evidence.”