Bald Eagle Expected To Fly Off ESA List This Week; Lawyer Whose Lawsuit Spurred Delisting Is Available for Comment.

SACRAMENTO, Calif. -- Third graph, second sentence of release should read: PLF attorneys were representing a Minnesota property owner who was denied the right to build a handful of cabins on his property. (sted PLF attorneys were representing a Michigan property owner...).

The corrected release reads:

BALD EAGLE EXPECTED TO FLY OFF ESA LIST THIS WEEK; LAWYER WHOSE LAWSUIT SPURRED DELISTING IS AVAILABLE FOR COMMENT

Pacific Legal Foundation, one of the nation's leading property rights organizations, is celebrating the United States Fish and Wildlife Service's anticipated removal of the bald eagle from the Endangered Species Act list, an action directly resulting from a major court victory secured by PLF last year.

"The bald eagle is a symbol of freedom," said PLF attorney Damien Schiff, whose lawsuit spurred the delisting. "The eagle's recovery and delisting are occasions for gratitude and pride, and mark victories for property rights and the American spirit."

A federal court ruling in 2006 - in the PLF case of Contoski v. Kempthorne - mandated that the federal government, after years of footdragging, take final action on removal of the eagle from ESA regulations, because the bird is fully recovered. PLF attorneys were representing a Minnesota property owner who was denied the right to build a handful of cabins on his property.

"The delisting, as a result of PLF's litigation, is a major step toward allowing small landowners to overcome needless, stringent regulations that undermine constitutional property rights and that aren't necessary for the eagle's protection," said Schiff, who was lead litigator in the Contoski case.

Under the ESA, landowners were prohibited from building within a 330-foot radius of an active eagle's nest. Recently, the federal government announced a regulation that could keep this restriction in place. According to PLF, this would directly undermine the delisting effort. "We will be monitoring the implementation of this new regulation, and if it has the effect of undermining the delisting of the eagle by restricting land use too much, a court challenge is a definite possibility," said Schiff.

Damien Schiff is available to comment on the bald eagle delisting and what lies ahead. Arrange interviews through Ray Young, at the contact number above.

About Pacific Legal Foundation

Pacific Legal Foundation (www.pacificlegal.org) is the oldest and largest public interest legal organization dedicated to property rights, limited government, and a balanced approach to environmental protection.