Wednesday, May 06, 2009

The birds and the Indians

It turns out D.O.M. reads the comments. I know, I know. I couldn't believe it either. He says to me, "You need to write about civil cases. And someone said you're posting too much. Also, some people want to see pictures of handsome men."

"D, those are anonymous. There's no accountability. They can say anything. You have to treat them like fortune cookies."

Anyway, there's no convincing him, so here's one about a civil case with a picture of a cute bird. That's as far as I'm giving in:

Your gambling losses may help save an endangered Everglades species of hawk from the government's efforts to save an endangered Everglades species of sparrow. The Miccosukee Indians sued the Fish & Wildlife Service alleging that its efforts to protect the sparrows were flooding the hawks' habitat, a third of which happens to be on tribal lands. Picture 1.pngThe Eleventh Circuit affirmed on Tuesday most of Judge Moore's decision in favor of the government. It agreed with the Tribe, however, that the Service had to specify a low-point in the population of hawks that would trigger further review. The Service had claimed that the birds were too hard to count and elected to use water levels as a trigger instead. Noting that the Service seems to have counted the birds every year since 1969, Judge Carnes vacated that part of Judge Moore's decision and remanded the case:
The goal of the Endangered Species Act is to protect populations of species, and using habitat markers when population data is available is like turning on the weather channel to see if it is raining instead of looking out a window.
It's a pretty entertaining read as these things go. The Tribe was represented by Lehtinen Vargas & Riedi.


Anonymous said...

Is the bird in the picture wearing santeria beads? Ochosi = blue and yellow.

Anonymous said...

I find the professor's comments insightful and his photographs a healthy dose of neo-realism. Civil cases are boooring. And one of my nits has always been that DOM does not blog enough.

Anonymous said...

civil cases are great. Have read some of these complaint? Sexual harassment lawsuit complaints read like something out of Hustler magazine.

Anonymous said...

If you don't like a civil case, wait 5 years and it will be the same.

No, Rick, we did not say post pictures of Handsome men...we said post a picture of yourself so that that crank of a professor from FIU will stop criticizing you and your errors in comprehension.

What does FIU have to offer anyway, other law schools have way better looking women.

Anonymous said...

Everyone knows that 2:41 PM is Ricky, right?

Anonymous said...

I guess not blogging enough is what happens when somebody actually practices law as opposed to proselytizing about it.

Anonymous said...

4:07 -- Nice going jackass...typical lawyer using the wrong f'ing technical word. Prof. Baccass will be all over you for that:


intransitive verb

1 : to induce someone to convert to one's faith

2 : to recruit someone to join one's party, institution, or cause

transitive verb

: to recruit or convert especially to a new faith, institution, or cause