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Page 6 • The Battalion
JlJATION
Tuesday • April 18,
Supreme
Court
reconsiders
Endangered
Species Act
WASHINGTON (AP) — The
Supreme Court, in a spirited ar
gument over the Endangered
Species Act, debated Monday
whether the government for 20
years has wrongly interpreted the
law to ban destruction of wildlife
habitat on private property.
Eight of the nine justices
fired questions at lawyers for
the timber industry and the
Clinton administration. The
case could lead to one of the
court’s most important environ
mental rulings since Congress
passed the law in 1973.
If the government loses the
case, “it is going to make it very
difficult to enforce the Endan
gered Species Act at all on pri
vate lands,” Assistant Interior
Secretary George Frampton Jr.
said after the arguments.
The case centers on loggers
in Oregon who want to cut
trees in areas with the threat
ened northern spotted owl. The
discussion before the high court
Monday ranged from goats and
butterflies to koalas and even
rare bugs splattered on car
windshields.
“Couldn’t we pick an uglier
example ... than a koala bear?”
Justice Antonin Scalia asked
during a light moment.
Scalia argued for a narrow
interpretation of the prohibited
“taking” of threatened or en
dangered species.
“To ‘take’ an animal refers to
hunters. Historically, I’ve never
heard it used in any other
way,” Scalia said. “The whole
spotted owl thing is based on
that notion that people who
harvest trees are taking owls ...
. To say this is taking an ani
mal seems to me just weird.”
Breyer said he didn’t read the
law to apply only when an animal
is harmed intentionally, as the in
dustry argued. He suggested it
might apply as well when “the
person knows it is going, as a con
sequence, to kill a few rare birds.”
Breyer said a farmer who set
up a battery of guns to kill crows
eating his cqrn and knew the
guns also could kill rare birds
should be held responsible
the deaths of the rare birds,
“I don’t see how Cong!i
could pass the act and not;
hibit the person who, forotj
reasons, is shooting guns081
happens to wipe out;
species,” Breyer said.
Justice Anthony Kenci
also suggested it was apprt;
ate to consider “what are;
logical, likely ... consequence:
the habitat destruction.
A ruling is expected ase
as June.
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AT&T. Your Ti’ue Voice.®
Supreme Com
upholds ruling
in two lawsuit
involving revei i
discrimination
WASHINGTON (AP)- j
affirmative action under!
scrutiny, the Supreme Coc
Monday left intact twot
victories won by white me:
said they were victims®:
verse discrimination.
The court let stand an
that an affirmative actioc
for promoting black firefig:
in Birmingham, Ala., uni®
ly discriminated against
And the justices letai
man collect $4 2 6,000fn
Pittsburgh company hi ate
of denying him a protMte
cause of his race,
Neither action Wdssfti
Instead, the court mail
comment as it left intact!)
al appeals court deciaio:
each case.
But Monday’s action::
amid growing debateii
three branches of govern:
over whether affirmatives
still is needed to help min::
— and whether such aidii
to non-minorities.
Republican leaders in!
gress are seeking eliminii
of most affirmative acti
President Clinton hasas
for a review of the lOO'i
federal programs that im
affirmative action.
And the high courtises;
ed to announce a major dec:
by July on a white-owned:
pany’s challenge to a fed
highway program thatol
special help to minority-oi
small businesses.
In other matters Moni
the court:
—Agreed to use a la»:
stemming from the 19834
ing of a Korean airlinerov®
Soviet Union to clarify*
damages can be awarded*
Americans die on intemaiE
flights.
—Refused to shield a S«
Service agent from beinfi
for taking along a CBS cat
crew when he searchedaBt
lyn, N.Y., home three years
The lawsuit says he violated
residents’ right to privacy
In the Birmingham case 1
officials and black resident'
gued that the plan forprot-
firefighters was a valid ep
remedy past bias against blit
The city had agreed in®
to settle a discrimination 1
suit by starting an affirm 11
action plan aimed at inert
ing black employmentin ;
fire department to 28 pe rii
— the share of blacks in 1
county labor force.
The plan set a tempo ri
goal of promoting blacks te'
of all fire lieutenant open 11
each year until 28 percer'
those jobs were held by bla fl
A group of white firefigl'
sued in 1982, saying thef
motion goal discrimin* 1
against them.
The fire department et
the 50 percent annual p
1989 because it had mettd 1
percent overall goal, Bu 1
white firefighters’ lawsuit 1
tinued because they were 11
ing back pay.
The 11th U.S. Circuit^
of Appeals ruled for the^
firefighters last year, sayinf
promotion goal violated 1
Constitution’s guara#
equal protection and a fed 1
civil rights law.
The appeals court sa> (
found no valid basis fortb f
percent promotion goal"
blacks made up a muchsm 5 ;
share of the firefighters el
for promotion.
In the Pittsburgh case
court turned down Duqtrt;
Light Co.’s argument that
award won by Frederick t
should be overturned beta
there was no evidence of* 1
white bias.