Seafood Company Files Data Quality Act Petition with FWS and NOAA
According to a Portland Press Herald article dated April 17, 2003, Fjord Seafood filed a Data Quality Act petition with FWS and the National Marine Fisheries Service challenging listing of Maine's wild Atlantic Salmon under the Endangered Species Act. Among other arguments, Fjord's Petition claims that the Services withheld from the public information critical to the listing. Several environmental groups, including the U.S. Public Interest Research Group, the Maine Chapter of the Sierra Club and the Conservation Law Foundation, have filed oppositions to the Petition. To the best of CRE's knowledge, this is the first Data Quality Act petition that has been formally opposed by third parties.
National Association of Homebuilders Challenges FWS proposed designation of critical habitat for the Pygmy-owl
Prior to a court-ordered deadline of September 29 for a final decision, NAHB has filed a Data Quality petition against the proposed designation of Endangered Species Act critical habitat in Southern Arizona. NAHB alleges that much of the information on which the proposal is based is unpublished data and personal communications, so that there is no way to ascertain the validity of the proposal.
PEER Challenge To Fish & Wildlife Service Trumpeter Swan Determination
On May 28, the Public Employees for Environmental Responsibility filed a Data Quality challenge to a FWS determination that the Tri-State Trumpeter Swan flock is not a distinct population segment for purposes of the Endangered Species Act. The complaint alleges that the determination relied primarily on a single study that had not been peer-reviewed or published and was not scientifically supported, rather than a comprehensive review of the scientific literature, and that a secondary study relied on by FWS had been repudiated by its lead author.