March 2007 - Friends of Blackwater Canyon
March 2007 - Friends of Blackwater Canyon
March 2007 - Friends of Blackwater Canyon
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<strong>March</strong> <strong>2007</strong> <strong>March</strong> <strong>2007</strong><br />
Board <strong>of</strong> Directors<br />
Judy Rodd - President<br />
Paul Hill - Vice-President<br />
Jeannie Dalporto -<br />
Secretary<br />
Linda Cooper - Treasurer<br />
Sandy Fisher<br />
Sheila McEntee<br />
Advisory Board<br />
Annie Dillard - Author<br />
Larry Groce - Director, Mountain<br />
Stage<br />
Jason Halbert<br />
David Hammer, Esq.<br />
Alan Karlin, Esq.<br />
Patrick McGinley -<br />
Pr<strong>of</strong>essor <strong>of</strong> Law<br />
Deborah McHenry, Esq.<br />
Rafe Pomerance -<br />
former US Deputy<br />
Assistant Secretary <strong>of</strong><br />
State for Environment<br />
Joe Riffenberger -<br />
Wildlife Biologist<br />
J. Lawrence Smith -<br />
Author<br />
Steve White, Esq.<br />
Christopher Wood -<br />
former Senior Advisor<br />
to US Forest Service<br />
Titles for identification purposes only.<br />
Page 2<br />
Staff<br />
Judy Rodd, Director<br />
John Brown<br />
Brandae Mullins<br />
Nancy Spencer<br />
Notes from the Director<br />
Dear Friend <strong>of</strong> <strong>Blackwater</strong>,<br />
It was up to us.<br />
The United States Fish and Wildlife Service, charged with enforcing the<br />
Endangered Species Act, wouldn’t do their job.<br />
So, it was “up to us” to protect the Cheat snail and its habitat – and we<br />
did it!<br />
We are working hard to make the same kind <strong>of</strong> real and lasting<br />
difference -- in protecting the <strong>Blackwater</strong> <strong>Canyon</strong> region, and its mascot<br />
species, “Ginny”, the endangered West Virginia Northern Flying Squirrel.<br />
The agencies that should be protecting <strong>Blackwater</strong> and Ginny are not<br />
doing their job. National Forest <strong>of</strong>ficials won’t protect the historic <strong>Canyon</strong><br />
Trail, and rollbacks are practically the norm at the Fish and Wildlife Service.<br />
So it’s “up to us” to protect these special West Virginia high mountain<br />
places and creatures for all <strong>of</strong> us -- and for our children and grandchildren.<br />
We love to hear from you. We try to earn your ongoing support and<br />
confidence every day. Thank you ,especially for writing letters and e-mails<br />
and making calls to public <strong>of</strong>ficials.<br />
It’s up to us -- and we are doing it!<br />
Trail (continued from page 1)<br />
destruction <strong>of</strong> historic sites.<br />
West Virginia Congressman<br />
Alan Mollohan has been<br />
supportive <strong>of</strong> Trail protection,<br />
and has challenged the Forest<br />
Service’s approach to the issue.<br />
In a letter <strong>of</strong> January 19, <strong>2007</strong><br />
Mollohan said,<br />
“I continue to be deeply<br />
concerned about the impacts<br />
that grant <strong>of</strong> an easement would<br />
have on the trail, which, as the<br />
Forest Service has recognized,<br />
has tremendous value because<br />
<strong>of</strong> its scenic views and the<br />
recreational opportunities<br />
it <strong>of</strong>fers. I am particularly<br />
concerned about the possibility<br />
<strong>of</strong> such a grant in effect<br />
converting the trail<br />
i n t o a n<br />
industrial haul road.”<br />
On February 13 th , <strong>2007</strong><br />
Mollohan questioned Mark<br />
Rey, the head <strong>of</strong> the Forest<br />
Service, about the <strong>Blackwater</strong><br />
Trail at a meeting <strong>of</strong> the House<br />
Appropriations Committee<br />
on Capitol Hill. We deeply<br />
appreciate the Congressman<br />
taking our issue to the highest<br />
levels <strong>of</strong> government! We’ll<br />
keep you posted with the latest<br />
developments on this breaking<br />
issue.<br />
*You can help protect the<br />
<strong>Blackwater</strong> <strong>Canyon</strong> Trail by<br />
signing our on-line petition<br />
asking West Virginia’s<br />
Governor Joe Manchin to<br />
protect this special place! Go<br />
to www.saveblackwater.org<br />
or mail in the coupon on page<br />
12.<br />
Sincerely,<br />
Judy Rodd<br />
SOS! Continued from Page 1<br />
hardwood forest. There is<br />
already a “cover-up” brewing<br />
-- Fish and Wildlife has refused<br />
to release 2,325 pages <strong>of</strong> public<br />
documents about their proposal.<br />
We are appealing this action,<br />
and asking that the comment<br />
period remain open until we get<br />
all the documents and are able<br />
to review them. Congressman<br />
Rahall supports us in this<br />
request.<br />
You can help protect Ginny<br />
and her mountain home. Logon<br />
to www.saveblackwater.<br />
org and click on the picture<br />
<strong>of</strong> the flying squirrel to get to<br />
a comment form and sample<br />
letter. Please get friends and<br />
family to comment as well! And<br />
thank you for your generous<br />
donations, which support this<br />
campaign to protect the integrity<br />
<strong>of</strong> the Endangered Species<br />
Act.<br />
LINKS OF INTEREST<br />
The following links come to us from Dave Watson. He<br />
provides great information on biking the <strong>Blackwater</strong><br />
<strong>Canyon</strong>. Thanks Dave!<br />
http://www.wvbike.org/~trails/blackwater_circle/index.html<br />
http://www.wvbike.org/~trails/west_fork_trail/index.html<br />
USA Today Highlights<br />
<strong>Blackwater</strong> on<br />
Valentine’s Day!<br />
50 Dates in<br />
50 States<br />
Roses and chocolates<br />
are fine, but there’s nothing<br />
like wanderlust to make a<br />
traveler’s heart beat faster.<br />
With Valentine’s Day as<br />
inspiration, USA TODAY’s travel<br />
staff asked local experts for<br />
each state and the District<br />
<strong>of</strong> Columbia to pick a favorite<br />
romantic experience that<br />
can be enjoyed on Feb. 14 or<br />
beyond. From hobnobbing with<br />
butterflies in Sioux Falls, S.D.,<br />
to hot-tubbing on Orcas Island,<br />
Wash., here’s what put stars in<br />
their eyes.<br />
WEST VIRGINIA<br />
Watch the flames in a stone<br />
fireplace in a cabin at<br />
<strong>Blackwater</strong> Falls State Park<br />
in the Allegheny Mountains,<br />
after a day <strong>of</strong> cross-country<br />
skiing or hiking to the Lindy<br />
Point Overlook and sharing<br />
the kiss-me-quick view <strong>of</strong><br />
<strong>Blackwater</strong> <strong>Canyon</strong>.<br />
*Recommended by Sheila<br />
McEntee, editor, Wonderful<br />
West Virginia.<br />
Article excerpted from USA Today,<br />
originally printed on February 9, <strong>2007</strong>.<br />
CHEAT CANYON VICTORY!!<br />
Congratulations -- we won a big one!<br />
The supporters <strong>of</strong> <strong>Friends</strong> <strong>of</strong> <strong>Blackwater</strong> have put in place the first ever court-approved endangered species protection plan in West Virginia. The<br />
detailed, multi-year plan protects critical habitat for the rare Cheat three-tooth snail (triodopsis platysayoides), which lives in rock crevices in the heart <strong>of</strong><br />
the Cheat <strong>Canyon</strong> near Morgantown, West Virginia. Scientists will call the shots in defining protected areas.<br />
Here’s a brief run-down on this campaign -- and how we won it:<br />
Three years ago, the news leaked out that the timber company Allegheny Wood Products was preparing<br />
to build logging roads and timber in the Cheat <strong>Canyon</strong> – right in the middle <strong>of</strong> the steep, rocky<br />
woodland habitat <strong>of</strong> the rare Cheat snail. This tiny creature, on the Endangered Species list since July<br />
3, 1978, is cute, delicate, and dangerously slow-moving – no match for a bulldozer.<br />
Scientists and outdoor lovers who care about the snail and the Cheat <strong>Canyon</strong> contacted <strong>Friends</strong> <strong>of</strong><br />
<strong>Blackwater</strong>. “We have to do something!” they said. “The federal and state authorities say their hands are tied.”<br />
OK, we said – what’s at stake here? Our members want us to defend the Endangered Species Act (“ESA”) in the West Virginia Highlands -- the “ESA”<br />
is crucial to protecting the <strong>Blackwater</strong> <strong>Canyon</strong>. Shall we jump in and fight -- or shall we let the bulldozers crush the snails to smithereens?<br />
It was a no-brainer. “It will take a big effort,” we resolved, “but we will try to protect this tiny snail and the Endangered Species Act!”<br />
We got to work. Attorney Josh Barrett <strong>of</strong> DiTrapano, Barrett and DiPiero filed a groundbreaking lawsuit and spent hundreds <strong>of</strong> hours on the case -- including<br />
flying to Washington, DC for high-level negotiations. Josh teamed up with ESA specialists Eric Glitzenstein and Erin Tobin at Myer, Glitzenstein,<br />
and Crystal in Washington, DC. We owe these three dedicated pr<strong>of</strong>essionals so much.<br />
We alerted our members and supporters, who donated generously to pay campaign expenses. We worked with organizational partners, including<br />
CLEAR(Cheat Lake Environment and Recreation Association) and the West Virginia Chapter <strong>of</strong> the Sierra Club. We mobilized scientists, and did mailings<br />
and newsletters. Research scientists evaluated the snail’s critical needs and habitat with financial support from the Coopers Rock Foundation,<br />
Defenders <strong>of</strong> Wildlife and the World Wildlife Fund. Duane Nichols, Paul Wilson, and Ann Chester did huge amounts <strong>of</strong> organizing work. Ken Hotopp,<br />
field biologist and snail man extraordinare, shared his expert knowledge <strong>of</strong> the Cheat snail every step <strong>of</strong> the way. Thanks and congratulations to these<br />
valiant warriors!<br />
Finally, in January <strong>2007</strong>, the timber company agreed to a settlement. On February 5, <strong>2007</strong> the federal court approved a comprehensive environmental<br />
protection plan for the Cheat snail that includes the ongoing involvement <strong>of</strong> environmental representatives and their experts. A link to the entire plan<br />
document is on our website, www.saveblackwater.org. If you want a copy by mail, call or write us.<br />
Today, the Cheat snail and its Cheat <strong>Canyon</strong> habitat enjoy a much higher degree <strong>of</strong> legal protection than before. <strong>Friends</strong> <strong>of</strong> <strong>Blackwater</strong> will be alert and<br />
involved -- to turn that legal protection into a strong reality.<br />
Meanwhile, we can all pat ourselves on the back, and celebrate a real accomplishment. Congratulations!<br />
Soar On Legal Eagles<br />
It was crucial, in protecting<br />
the Cheat snail, to have a<br />
powerful legal team.<br />
We celebrate that team --<br />
Josh, Eric, and Erin – and<br />
we also celebrate the many<br />
other wonderful lawyers<br />
who over the past ten<br />
years have helped the Save<br />
<strong>Blackwater</strong> campaign. For<br />
example:<br />
In 1999, Jason Huber went<br />
to federal court to protect<br />
“Ginny”, the West Virginia<br />
Northern Flying Squirrel,<br />
and her habitat in the <strong>Canyon</strong><br />
– and as a result, hundreds<br />
<strong>of</strong> acres were protected. In<br />
2000, William dePollo<br />
appeared before the Public<br />
Service Commission, and<br />
succeeded in keeping<br />
industrial wind turbines away<br />
from the <strong>Canyon</strong>. Today,<br />
SAVE CHEAT CANYON!<br />
Through partnerships, working to protect the endangered species <strong>of</strong> the Cheat <strong>Canyon</strong> by limiting logging and road building.<br />
Dierdre Purdy <strong>of</strong> the Bailey<br />
and Glasser firm is<br />
providing top-drawer legal<br />
counsel to our Trail<br />
Protection campaign.<br />
The power and value <strong>of</strong> the<br />
highly specialized,<br />
absolutely necessary work<br />
that has been done by these<br />
seasoned advocates is<br />
huge. Their providing large<br />
amounts <strong>of</strong> their time and<br />
WE LOVE THOSE<br />
LAWYERS!<br />
labor and ability in the<br />
service <strong>of</strong> this public effort is<br />
noble.<br />
Jason Huber, Pat<br />
McGinley, Dave Hammer,<br />
Deborah McHenry, Jim<br />
Zimarowski, John Wiley, and<br />
Pat Maroney are some more<br />
“Esquires” who have strongly<br />
supported the <strong>Blackwater</strong><br />
protection effort.<br />
We<br />
appreciate the heck out <strong>of</strong><br />
each and every one <strong>of</strong> our<br />
legal friends!<br />
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