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The 2010 Deepwater Horizon oil spill leaked an estimated 4.1
million barrels of oil into the Gulf of Mexico, damaging the
waters, shores, and marshes, and the fish and wildlife that live
there. The Oil Pollution Act (OPA) establishes a process for
assessing the damages to those natural resources and assigning
responsibility for restoration to the parties responsible. BP was
named the responsible party for the spill. The Natural Resources
Damage Assessment (NRDA) process allows Trustees of affected states
and the federal government (and Indian tribes and foreign
governments, if applicable) to determine the levels of harm and the
appropriate remedies.
Mid-frequency active (MFA) sonar emits pulses of sound from an
underwater transmitter to help determine the size, distance, and
speed of objects. The sound waves bounce off objects and reflect
back to underwater acoustic receivers as an echo. MFA sonar has
been used since World War II, and the Navy indicates it the only
reliable way to track submarines, especially more recently designed
submarines that operate more quietly, making them more difficult to
detect.
The Lacey Act was enacted in 1900 to prevent hunters from killing
game in one state and escaping prosecution by crossing state lines.
It has evolved into a law that prohibits import, export, transport,
purchase, or sale of species when that action would violate state,
federal, tribal, or foreign law. Congress amended the Lacey Act
most recently in 2008, expanding the reach of the act to include
timber and timber products. Implementation of the 2008 Amendments
has proved controversial, and the Department of Agriculture Animal
and Plant Health Inspection Service (APHIS) initially delayed
implementing the act's new declaration requirements for importing
wood products. Some find the Lacey Act puzzling. While people
charged with violating the act are charged with violating a U.S.
law, that prosecution is premised on a violation of another law,
sometimes the law of another country. That has led some to claim
that the United States is enforcing the laws of another country.
U.S. conservation laws (such as the Lacey Act), however, have long
protected species and habitats even outside of the United States.
Worldwide conservation was one reason for expanding Lacey Act
coverage to more plants in 2008. Preserving U.S. timber jobs and
prices was another reason. However, the 2008 Amendments allow
enforcement of foreign laws that are not directly related to
conservation or U.S. jobs, such as failure to pay foreign stumpage
fees, or shipping wood in violation of a country's export
restrictions. After search warrants were executed by the Department
of the Interior Fish and Wildlife Service (FWS) against Gibson
Guitar Corp. of Nashville, TN, apparently based on the possible
illegal import of wood from India, Congress has taken another look
at whether the 2008 Amendments achieve the goals of the Lacey Act.
As introduced in October 2011, H.R. 3210 would amend the act to
limit its application to wood imported prior to 2008 and composite
wood products, and would allow an innocent owner defense to
forfeiture actions. A different approach is taken by H.R. 4171/S.
2062, which would eliminate any reference to violations of foreign
laws and end criminal prosecutions for violating the act.
The Endangered Species Act (ESA) protects species identified as
endangered or threatened with extinction and attempts to protect
the habitat on which they depend. It is administered primarily by
the Fish and Wildlife Service and also by the National Marine
Fisheries Service for certain marine and anadromous species.
Dwindling species are listed as either endangered or threatened
according to assessments of the risk of their extinction. Once a
species is listed, legal tools are available to aid its recovery
and to protect its habitat. The ESA can become the visible focal
point for underlying situations involving the allocation of scarce
or diminishing lands or resources, especially in instances where
societal values may be changing, such as for the forests of the
Pacific Northwest, the waters in the Klamath River Basin, or the
polar environment. This report discusses the major provisions of
the ESA, both domestic and international, and also discusses some
of the background issues, such as extinction in general, and the
effectiveness of the statute.
Western states have seen conflicts over natural resources for more
than a century. These conflicts have involved issues such as
grazing, roads, fences, oil and gas development, urban expansion,
spread of invasive species, water rights, Native rights, timber
harvest, and pollution. Recent additions to the list include
development of alternative energy such as wind and solar power. In
many cases, the more recent conflicts have involved the protection
of endangered and threatened species, often with one group of
advocates seeing listed species as an obstacle to their development
goals or property rights, and another group advocating protection
in line with their environmental, scientific, or economic goals.
One such controversy is developing in 11 western states over sage
grouse, whose numbers can be threatened by roads, fences, power
lines, urban expansion, and energy development. This report
describes the state of knowledge about these birds, history of
efforts to protect them, and current controversies.
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