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Friends of Blackwater June 2009 NON-PROFIT ORG U. S. POSTAGE Address Service Requested P A I D PERMIT NO. 1409 CHAS WV 25301 Friends of Blackwater APRIL 1ST FILING OF LAWSUIT NOTICE ON FLYING SQUIRREL page 3 SPRUCE KNOB/SENECA ROCKS NRA OIL AND GAS DRILLING STOPPED page 5 CELEBRATING ONE YEAR OF THE J.R. CLIFFORD PROJECT page 6-7 DRAFT REPORT ON POTOMAC’S NORTH BRANCH AVAILABLE page 11 Also Inside: Grand Opening of New FOB Office page 2 Ginny’s Team page 2 I Dream of Ginny page 3 Blackburnian Warbler: Flame in the Forest page 8 Wildflower Pilgrimage page 8 Civil War Fight Over WV Caves page 9 Congress Investigates White-Nose Syndrome page 9 Shepherdstown Celebrates Blackwater page 10 Purity of Intentions page 10 Work on NFWP FLOWing Along page 11 Harper’s Ferry Outdoor Festival page 12 Other Events page 12 Membership/T-shirt/Letter Sign On Forms paqge 12 Working to protect West Virginia’s Highlands, the Blackwater River watershed and the Blackwater Canyon. 501 Elizabeth Street - Charleston, WV 25311 H 1-877-WVA-LAND H fax 304-345-3240 H www.saveblackwater.org H [email protected] June 2009 June 2009 From the Director Ginny’s Team The Save Our Squirrel Campaign has a new and exciting litigation team working to protect Ginny the West Virginia Northern Fly- Board of Directors Grand Opening of New FOB Office in Davis -- ing squirrel and get her back on the Endangered Species list. The team met with the Department of Interior on May 11th to let the new Obama Administration know that the delisting of the flying squirrel was based on bad policy and procedure from the Bush Judy Rodd - President Administration and that the delisting rule should be revisited and revised. Ginny’s lawyers who attended the meeting are: Eric Paul Hill - Vice-President on Saturday, June 20, West Virginia Day Glitzenstein and William Eubanks of Meyer, Glitzenstein and Crystal, and Mike Senatore, Esq. of the Center for Biological Diversity. Jeannie Dalporto - Secretary Eric Glitzentstein (l) says, “Who has Mike Donna Cook - Treasurer Here’s a question to introduce Friend’s of time for hobbies?” . Then follows Senatore, Blackwater’s new satellite office location: what is up that if he had time they would right, likes Mary Krueger the highest incorporated town in West Virginia – be kayaking, hiking, bird watching, to spend Tom Rodd and a recreation Mecca for the Mid-Atlantic and avoiding injury while still playing time with basketball. his children David Hammer region? Bill Eubanks (r) from North Carolina Ben and Paul Fantetti Yes, it’s Davis, West Virginia! likes camping, hiking and biking, Olivia pic- tured with plays tennis and basketball. He Advisory Board is passionate about sustainable him below. agriculture and can often be found Karen Coria perusing farmer’s markets for fresh, FOB’s new office is in the new solar-powered Davis local, organic produce. Annie Dillard - Author Riverwalk building, on the main street of Davis, right Kitty Dooley, Esq. across from the Fire Hall and overlooking the Black- water River. We are located between the extremely Larry Groce - Director, excellent Hypno Coffee Shop, and the ultra-cool April 1st Filing of Lawsuit Notice on the Flying Squirrel!! Mountain Stage Highland Prospects Outfitter Store. Jason Halbert On April 1st, 2009, Friends of Plan was inadequate and outdated in 2006 Blackwater, the Wilderness Society, the as the FWS now asserts, the Endangered Alan Karlin, Esq. Center for Biological Diversity, Heartwood, Species Act (ESA) compelled the agency to Patrick McGinley - Wild South and the Southern Appalachian revise the Plan in accordance with the best available scientific data, before embarking Professor of Law On Saturday, June 20th, beginning at Forest Coalition sent a 60-Day Notice to section 4 of the ESA, as made clear by on any process of delisting. Such a 9:00 AM, Riverwalk Center’s spacious parking United States Fish & Wildlife Service (FWS), federal courts that have analyzed the FWS’s Deborah McHenry, Esq. revision can only occur after “public notice lot will host a Grand Opening – with a band, asking the agency to “back off” from its obligation to prepare recovery plans and the and an opportunity for public review and Farmer’s Market, costumed endangered decision to remove “Ginny,” the West specific role of these plans in the process of Rafe Pomerance - comment,” and after the FWS considers any species, and a giant Mother Earth puppet. Virginia Northern Flying Squirrel, from the determining whether listed species have re- former US Deputy comments from the public. Here, the FWS Assistant Secretary of Highland Prospects will take folks on free Endangered Species List. covered to the point where delisting may be did not revise the WVNFS Recovery Plan and State for Environment canoe rides on the river; summer lettuce will The 15-page notice letter was drafted considered.” did not solicit public input after the agency be brought in by Terra Alta farmer James by FOB’s crack legal team at the DC law On the “junk science” issue, the Joe Riffenberger - determined that the Plan was inadequate Stemple. PowerinMyBackyard owner Matt firm of Meyer, Glitzenstein and Crystal. The notice letter says: Wildlife Biologist in its five-year review. To the contrary, the Sherald will discuss Alternative energy. letter focuses on two aspects of the “The FWS’s delisting decision did not FWS pushed forward with the rulemaking J. Lawrence Smith - delisting decision: the agency’s failure to incorporate appropriate methodologies or Pete Johnson, the innovative developer process to delist the WVNFS without Author use a recovery plan, and the “junk science” assess the full scope of impacts and threats of Davis Riverwalk, will explain the first photovoltaic array in Davis, installed on the roof of our new considering any recovery plan or any that the agency says it relied on. On the to the WVNFS. As to methodology, there Steve White, Esq. office -- the first project of Johnson’s Davis Riverwalk green building complex. FOB will distribute underlying objective, measurable recovery recovery plan issue, the notice letter says: are numerous problems with the methods information on our campaigns to protect the Black- criteria for the species as part of its “Assuming that the West Virginia and statistical compilations used to water Canyon and River, and the West Virginia determination that delisting was Titles for identification purposes only. Northern Flying Squirrel (WVNFS) Recovery determine that populations of the WVNFS Highlands. appropriate. are “persistent” within its range. Further, Staff We have big hopes for our new satellite office “The practical effect of the FWS’s in terms of scope, there are many critical – please watch for news in upcoming newsletters! new and dramatic position in its five-year issues that both the five-year review and Judy Rodd, Director (Right now we are working on getting some review and subsequent delisting decision to the delisting decision fail to address furniture and shelving and the inescapable label the WVNFS Recovery Plan as John Brown sufficiently. Some of these ongoing and computer and phone systems in place.) Thank you inadequate, while not proposing a revised cumulative impacts that are inadequately Lori Halderman Plan subject to public scrutiny, was that the so much for your continued support of Friends of addressed by the FWS are: climate change FWS unilaterally dispensed with the explicit Betsi Lusher Blackwater that has made this exciting new office and global warming, private land ESA requirement that the agency utilize space possible! development, highway development, and recovery plans to objectively and Brandae Mullins energy development. Although the FWS measurably determine the legal status of denies that these activities will have any Join us from 9:00 to 12:00, learn endangered and threatened species. The impact on the WVNFS that warrants more about our work, win fabulous dispensation of this statutory obligation, continued protection under the ESA, there however, clearly undermines the goals and prizes and get free food! is insufficient discussion in the final delisting language of the Endangered Species Act. As such, this is a patent violation of continued on page 4 Page 2 Page 3 June 2009 June 2009 Spruce Knob/Seneca Rocks National Recreation Area (NRA) I DREAM OF GINNY Oil and Gas Drilling Stopped!! To understand the amazing life of A mouse-like rock vole sprints from In February, 2009 the Bureau of Land Management “Ginny,” the West Virginia northern flying behind a gnarled tree root and crosses announced plans to sell oil and gas leases under the squirrel, it helps to use your imagination. in front of Ginny -- then scurries into protected public lands near Seneca Rocks on Brushy Run a Imagine that while you sleep, you the shadows. Ginny has nothing to fear tributary of Seneca Creek. Seneca Rocks is part of the first can send your dreaming spirit to the from this fellow creature of the nooks and NRA establish by congress with the help of Senator Byrd in forested rim of the Blackwater Canyon. crannies of the forest. 1965. Friends of Blackwater went on the offensive, There, from a hole in the trunk of a tall Ginny presses her nose into the contacting the West Virginia Congressional delegation to hickory tree, a tiny head appears. Two leaves. She scents the faint odor of raise concerns about the native trout streams, endangered furry ears twitch, and two bright eyes dart underground fungi that live on the roots of bat caves, and damage to recreational resources. from side to side. old-growth trees. Ginny digs rapidly into Our letter of protest of the lease sale sent to the This is “Ginny, Glaucomys sabrinus the earth with her sharp claws, throwing Bureau of Land Management on March 3rd stated, “This fuscus, a relic of the Ice Age who lives the dirt behind her in a pile.
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