Environmentalists win one for the Gipper

Environmentalists Win Ruling in a Suit Against Developers
A federal judge temporarily halted the government's practice of assuring private landowners that they will not face unanticipated requirements for protecting endangered species after a development project is approved.

A federal judge on Thursday temporarily halted the government's practice of assuring private landowners that they will not face unanticipated requirements for protecting endangered species after a development project is approved.

The ruling, by Judge Emmet G. Sullivan of Federal District Court for the District of Columbia, was hailed by environmentalists as a breakthrough and criticized by home builders as a threat to private development.

At least for the next six months, the ruling bars federal agencies from providing blanket assurances under the Clinton-era "no surprises" rule. The rule, adopted in 1998, has given home builders, timber and mining companies and other developers some immunity against unforeseen twists in providing protection for species.

Judge Sullivan said that as a result of the rule the "public has consistently been denied the opportunity'' to weigh in on decisions "likely to have significant effects on public resources."

His ruling came in a case brought by six organizations led by the Spirit of the Sage Council, a California group that represents American Indians and environmentalists. They challenged regulations of the Fish and Wildlife Service and the National Marine Fisheries Service, which protect endangered species.

Now playing in iTunes: Fever Dream, from the album Our Endless Numbered Days by Iron & Wine (released 2004)