Federal Judge Threatens to Hold Norton in Contempt
for Failure to Comply with Manatee Protection Deal

Judge Says Bush Administration "Not Above The Law"

Contact:

Patti Thompson, Save the Manatee Club, 407-539-0990

Mike Senatore, Defenders of Wildlife, 202-682-9400

Eric Glitzenstein, Meyer & Glitzenstein, 202-588-5206

Released: July 31, 2002

Save the Manatee Club, Defenders of Wildlife, The Humane Society of the United States, the Sierra Club, and a coalition of more than a dozen other groups today applauded a demand by Federal District Court Judge Emmet G. Sulivan that Interior Secretary Gale Norton must show cause why she should not be held in contempt of court for her department's refusal to comply with a settlement agreement intended to protect manatees in Florida. The judge also ordered the department to designate sanctuaries and refuges for manatee protection throughout Florida by November 1, 2002, one month earlier that the government had proposed.

"If you undercut a deal, if you violate a court order, you can't do that without any consequences," said Eric Glitzenstein of Meyer & Glitzenstein, lead attorney for the coalition. "While we certainly agree with Judge Sullivan's strong words to the administration, the most important thing is that he has ordered them to finally complete the long-overdue measures they promised to protect manatees, instead of the bureaucratic, legalistic run-around they've been pursuing. Our object isn't just to win in court; instead, it is and will always remain putting in place concrete steps to protect this endangered species."

Florida state records show at least 71 manatees have died this year from boat collisions as of July 26, on pace to easily exceed last year's total of 81 boat-related deaths.

The settlement agreement required USFWS to designate manatee refuges and sanctuaries to reduce mortalities due to boat strikes. It was signed in January 2001 by the U.S. Justice Department on behalf of the Interior Department and Corps of Engineers, as well as lawyers for the Florida Home Builders Association, Marine Manufacturers Assocation, Marine Industry Association of Florida, a coalition of 18 groups that support manatee protection, and by Judge Sullivan himself. Today's decision follows a court order finding the agency in violation of the agreement and requiring it to file a written proposal outlining how it would remedy the violation.

Instead of providing a remedy, however, the USFWS in its July 23 filing provided excuses for why it violated the agreement and offered no concrete steps toward compliance. Judge Sullivan strongly disagreed with the federal government's legal case during today's hearing, calling it "ludicrous" and "disingenuous," and noting that "The government can't pick and choose when it complies with court orders...(The government) is not above the law."


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