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Wednesday • August 24, 1994
; . ' 1
Page 13
Farmers fight federal regulation
AUSTIN (AP) — Agribusi
ness leaders and environmen
talists clashed Tuesday over
federal regulations to protect
endangered species.
Representatives of farming
and rural organizations said
landowners’ rights to own and
manage their property were be
ing attacked by the government.
“The ever-widening circle of
regulation puts virtually every
farmer and rancher in Texas at
risk,” said Bob Stallman, a
Columbus rice farmer who is
president of the Texas Farm
Bureau.
Stallman announced that 29
groups have joined a coalition
called the Farmers and Ranch
ers for Property Rights.
He said the group would
push for a law during next
year’s legislative session to in
crease property rights, and
fight against the federal En
dangered Species Act and other
proposals aimed at protecting
natural resources.
Environmentalists said the
groups were overreacting to
laws designed to protect public
resources.
They also alleged that the
“property rights” movement
was being orchestrated by in
dustries that want to weaken
environmental laws for profit.
Farmers and Ranchers for
Property Rights members de
nied the allegation, and said
they were a grass-roots organi
zation. Tom Smith, director of
Public Citizen of Texas, called
the movement “AstroTurf.”
“Polluters and abusers are
trying to mislead the good
stewards into thinking that en
vironmental protections are
hurting rather than helping to
protect their lives and their
property,” Smith said.
In back-to-back news confer
ences, the two sides debated a
proposal by the U.S. Fish and
Wildlife Service to designate
critical habitat of the endan
gered golden-cheeked warbler.
The songbird nests in some
800,000 acres in 33 Central
Texas counties.
Stallman said that under the
proposal he could not build a
fence or cut down a cedar tree
on his property without first
getting a permit from the fed
eral government.
But environmentalists said
that wasn’t true.
Ted Eubanks of the National
Audubon Society said landown
ers with critical warbler habi
tat could continue normal
farming and ranching opera
tions, but might have to make
minor changes to accommodate
the songbird.
“This warbler is a Texas na
tive, the only bird in the world
that nests exclusively in Texas,
and we as Texans hold its fu
ture in our hands,” Eubanks
said. “If the warbler is just an
other bird, then the Alamo is
just another old building, and
the Battleship Texas is just an
other old boat.”
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Sierra Club sues to Gambling
dose federal agencies requires
voter OK
SAN ANTONIO (AP) —
The Sierra Club is preparing
an Endangered Species Act
lawsuit against the Defense
and Transportation depart
ments and other federal
agencies to force them to cut
back or close operations in
San Antonio.
However, the environmen
tal group has initiated quiet
negotiations with San Anto
nio leaders to try to head off
the lawsuit, which would be
filed by mid-October if nego
tiations fail, the San Antonio
Express-News reported to
day.
The lawsuit threat comes
as San Antonio prepares
again to defend Kelly Air
Force Base from the ax qf the
independent Base Closure
and Realignment Commis
sion.
“It’s horrible if they just
file the lawsuit, whether they
win it or not,” Mayor Nelson
Wolff said.
The Sierra Club filed a
motion in April to include
such demands in its success
ful federal lawsuit against
the U.S. Fish and Wildlife
Service but was turned down
by U.S. District Judge Lucius
D. Bunton III. His ruling did
not preclude a new lawsuit.
The April filing provoked a
firestorm of anger from San
Antonio, a city in which mili
tary bases are almost as sa
cred as the Alamo. Sierra
Club officials admitted being
surprised by the intensity of
the response.
The new lawsuit would be
filed under Section 7 of the
Endangered Species Act,
which requires federal agen
cies to ensure their activities
do not jeopardize endangered
species.
It would include argu
ments that San Antonio’s
massive military installa
tions make water demands
that endanger plant and ani
mal species at Comal and
San Marcos springs, and that
highway funds and other fed
eral activities promote the
growth of water demands in
the region.
The suit also would likely
target the Agriculture De
partment for any funds pro
moting farming in the region.
It also might name the En
vironmental Protection
Agency, asking it to cut its
wastewater discharge per
mits for San Antonio, an ac-
(iop,.the agency already has
indicated it is considering.
Wolff said in April he
hoped public pressure would
deter the Sierra Club from
filing the suit. It apparently
hasn’t, though it did foster ef
forts to avoid the suit.
Sierra Club officials re
portedly are concerned that
such a suit would lead to the
organization being painted as
environmental extremists
and upper-class Anglos who
don’t care about the effect of
their actions on Kelly’s large
ly Hispanic work force.
Sources on both sides told
the Express-News that Peter
Schenkkan, the Austin
lawyer representing the Sier
ra Club, met for more than
six hours Saturday with Tul-
los Wells, a prominent San
Antonio lawyer who led the
city’s efforts to protect its
military bases in the last
round of base closures.
Wells also is chairman-
elect of the Greater San An
tonio Chamber of Commerce.
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AUSTIN (AP) — Texas Attor
ney General Dan Morales said
in a legal opinion Tuesday that
voter approval is needed before
casino gambling is allowed in
the state.
The 1995 Legislature is ex
pected to face a strong push
from casino interests to legalize
gambling.
Morales said state lawmak
ers alone can’t decide the issue.
Instead, he said a constitutional
amendment is needed. An
amendment requires a two-
thirds vote of the House and
Senate, plus voter approval in a
statewide referendum.
“On issues of this magnitude
... the citizens legally and right
fully have the deciding voice,”
Morales said. “The state may
not allow such gambling with
out the permission of the vot
ers.”
The opinion followed in
quiries by state Sen. John Mont-
ford, D-Lubbock, and state Rep.
Senfronia Thompson, D-Hous-
ton, about whether legalizing
slot-machine gambling requires
a constitutional amendment.
Morales said such gambling
is a form of lottery still prohibit
ed by the Texas Constitution.
He said lotteries are defined as
games of chance that offer a
prize.
People on both side of the is
sue said a constitutional amend
ment will make it more difficult
to get casino gambling approved
in Texas.
State Republican Party
Chairman Tom Pauken said
Morales’ opinion “effectively
kills casino gambling in Texas
for the foreseeable future. And
I’m glad that’s happened.”
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