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Published in Summer 2003
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New factual record released, others pending
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© Jerry Tollison/U.S. Fish and Wildlife Service
A great blue heron watches an alligator at the Savannah National Wildlife Refuge in Georgia. |
A factual record citing the deaths of great blue herons and destroyed osprey nests in California was released on 24 April and the publication of four more await Council decision.
The submission, made by nine environmental groups from Canada, Mexico and the United States, alleged the United States had failed to effectively enforce the Migratory Bird Treaty Act when logging operations threatened the migratory herons and ospreys.
As the factual record explains, the logging incidents resulted in criminal convictions or administrative sanctions under California state law, and federal policy limits the circumstances in which the federal govern-ment can take enforcement action once a state has acted.
The factual record further notes, "these examples are consistent with the federal government's record
to date of never having enforced the MBTA in regard
to logging operations."
It is the fourth factual record prepared by the
CEC Secretariat and the first involving environmental enforcement by the United States.
The Secretariat is currently awaiting Council's decision
on the release of the Aquanova factual record, which alleges a shrimp farm in Nayarit, Mexico, has caused severe damage to wetlands, water quality, fisheries and the habitats of a number of protected species.
Final factual records will soon be submitted to Council for BC Mining, BC Logging and Oldman River II. As a result, the Secretariat will meet its public commitment to complete factual records to Council prior to its tenth regular session on 24-25 June.
In addition, three new submissions were received
in the month of May. These include allegations by the attorney generals for New York, Connecticut and
Rhode Island, and 48 nongovernmental organizations, aimed at the coal-fired power plants of Ontario
Power Generation.
Information on these citizen submissions may be obtained online at <www.cec.org/citizen>.
The citizen submissions mechanism of the CEC enables the public to play a whistle-blower role on matters of environmental law enforcement. Any
person or nongovernmental organization may submit a claim, which the CEC may then investigate and pursue a factual record of its findings.
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