Friday, May 13, 2005

More muck on the Vitter cypress logging provision


On the rationale for the Vitter provision to allow unregulated cypress harvesting:

"Banning harvesting simply removes the economic incentive many of these landowners have for maintaining the forests," said Jolm Heissenbuttlel, vice president of the American Forest and Paper Association, in a letter commenting on the study.

So, once the ban on harvesting is removed, landowners will have an economic incentive to save their cypress?

Vitter's provision, it seems, is against the law. Oh well, he could always pull out the "activist judges" wildcard:
Tulane environmental law Professor Oliver Houck said Vitter has to consider not just the federal regulations, but also a variety of federal court cases that defined the regulations. Those include one in the U.S. 5th Circuit Court of Appeals in New Orleans, which found the Rivers and Harbors Act could be used by the corps to address environmental concerns that affected the nation's navigable waters, even when navigation was not disrupted.


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