10/24/1997 253

SUIT CHALLENGES MANAGEMENT OF CALIFORNIA DAM-TRAIL OF POLITICAL INTERFERENCE LEADS TO WHITE HOUSE

The Southwest Center filed suit in a Sacramento Federal Court on October 20, 1997 against the U.S. Fish and Wildlife Service and the Army Corps of Engineers for jeopardizing the endangered Southwestern willow flycatcher by refusing to reform management of Isabella Dam on the South and North forks of the Kern River. The agencies have violated the Endangered Species Act, the Migratory Bird Treaty Act, the National Environmental Policy Act, and the Federal Advisory Committee Act.

Lake Isabella is a flood control dam designed to be kept at low levels to capture spring floods which might otherwise threaten Bakersfield, CA. The Army corps, however, illegally overfills the dam to benefit agribusiness interests, putting Bakersfield and endangered species at risk. When Fish and Wildlife Service biologists demanded that Army Corps lower the level of the Lake and develop a conservation plan for the Southwestern willow flycatchers, Congressman Cal Dooley (D, CA) threatened CEQ and the Department of Interior with a national endangered species crisis Dooley received $216,000 in campaign contributions from agribusiness in 1995 and 1996 and also received contributions from the law office representing the water users at Isabella.

Under Dooley's influence, FWS Regional Director Michael Spear suggested to horrified FWS biologists that the agency "haze" the flycatcher population to prevent it from nesting. If the birds didn't nest, he reasoned, there would be no take. When Fish and Wildlife Service biologists refused this and other schemes, the consultation process was taken away from them and moved to Washington, DC. When the White House told the Department of Interior to avoid an ESA confrontation, Katie McGinty, head of CEQ and Assistant Secretary of Interior, John Garamandi. met with Dooley. In blatant violation of the ESA, Dooley was allowed to review FWS mitigation proposals. He ultimately refused to accept any changes in dam management, forcing McGinty and Garamandi to order the FWS to allow the complete destruction of the flycatcher population living at Lake Isabella.

The Southwest Center is represented in this case (CIV S-97-1969GEB JFM) Neil Levine of EarthLaw (Denver) and Larry Sanders of Berliner Law Offices (Nevada City).