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Legal news from Saturday, March 31, 2007 |
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Federal judge blocks enforcement of US national forest regulation
Joe Shaulis on March 31, 2007 5:07 PM ET

[JURIST] A federal district judge in San Francisco has ruled that the US Forest Service [official website; JURIST news archive] violated environmental laws when it promulgated a 2005 regulation governing the management of national forests. On motions for summary judgment in combined lawsuits brought by environmental groups, US District Judge Phyllis Hamilton [official profile] of the Northern District of California Friday enjoined the Forest Service [opinion, PDF] from enforcing the rule "until it has fully complied" with the Endangered Species Act [EPA summary; text] and the National Environmental Policy Act [EPA summary; text]. Hamilton found that the 2005 regulation [text; summary], which gave national forest managers more discretion in allowing logging, mining and other activities, had been adopted without adequate procedural safeguards, environmental reviews and public comment. Hamilton wrote: [T]he agency was required to undertake some type of consultation, informal or otherwise, prior to making a conclusive determination that there would be no effect [on endangered species]. Given the 2005 Rule's potential indirect effects on listed species, combined with the USDA's lack of documentation in support of their "no effect" determination, the failure to consult and/or prepare any type of biological analysis in conjunction with the 2005 Rule was arbitrary and capricious. At the same time, Hamilton declined to reinstate a 1982 regulation, as the environmental groups had sought.
Rodger Schlickeisen, president of Defenders of Wildlife [advocacy website], one of the plaintiff groups, praised Hamilton's ruling [press release], saying: The Bush administration reversed decades of progress in managing national forests, without considering the impacts on wildlife and the environment. The administration also cut the public out of the loop when considering these large-scale changes to how our nation's forests are managed. US Justice Department officials are considering an appeal. The New York Times has more. The San Francisco Chronicle has local coverage.
This report was prepared in partnership with the Pittsburgh Journal of Environmental and Public Health Law.


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UN rights council passes resolution opposing public defamation of Islam
Michael Sung on March 31, 2007 8:33 AM ET

[JURIST] The UN Human Rights Council (UNHRC) [official website; JURIST news archive] passed a resolution on "Combating defamation of religions" by a vote of 24 to 14, with 9 abstentions Friday, expressing a "deep concern at attempts to identify Islam with terrorism, violence and human rights violations... and the ethnic and religious profiling of Muslim minorities... in the aftermath of the tragic events of 11 September 2001." The statement [text], endorsed by the Organization of the Islamic Conference [official website], was opposed by members of the European Union, and other non-Muslim states like Canada, South Korea, and Japan partly because of its specific emphasis on Islam and concerns that the statement contradicted freedom of expression rights. It follows calls by Muslim leaders and lawmakers in several countries for legal limits on anti-Islamic speech [JURIST report] more in line with Western laws on hate speech against Jews and Christians.
The Human Rights Council has been criticized for its limited successes in Israel and Sudan last year, when both countries refused to accept UNHRC investigative teams. On March 13, Sudan attempted to block the UNHRC from considering a report [JURIST report] by a UNHRC team that was dispatched to investigate conditions in Darfur [JURIST news archive]. Also in March, UN General-Secretary Ban Ki-moon urged member states to work with the UNCHR [JURIST report]. The United States has twice refused to run for election to the body [JURIST report], citing its failure to adequately address violations in Darfur, North Korea, and China. AP has more.


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