Legally Brief: Balancing the Rights of WildlifePosted by Stephen Wells, ALDF's Executive Director on June 6, 2013
I have always felt a special kinship with wildlife. The wild animals whose lives and societies continue independently from human beings remind me that we are but one of many species who call our planet home. I’ve been fortunate to have listened to wolves howling in the Arctic and lions roaring on the Serengeti. But I don’t need to travel that far to appreciate my wild neighbors. Hiking the trails near my home in Sonoma County, California, or walking along the creek near ALDF’s offices, I am keenly aware of the wild birds that live their lives alongside ours.
Mockingbirds perch atop trees, shouting litanies of mimicked birdsongs, while delicate male hummingbirds perform death-defying high-speed dives, laying claim to territory or demonstrating their fitness to mate. In my favorite hiking area, I have come to know individuals over the years. I always greet a female American kestrel who faithfully maintains her territory, including a favored perching tree, through which I trespass regularly. A particular raven returns regularly to my home seeming to delight in swooping low over my yard, inspiring a brief shouting match with my dog, Eve. These and scores of other animal observations await us in spaces not completely taken over by people. Each is a world unto itself, no less important or imperative as our human world is to us, but far more fragile.
This is why the Animal Legal Defense Fund, along with the Center for Biological Diversity, Native Songbird Care & Conservation, and other wildlife advocates, have filed a joint lawsuit against Caltrans (the California Department of Transportation) for the deadly netting installed in a Sonoma County highway development project that has trapped or killed over one hundred federally protected birds on the Petaluma River and Lakeville Highway bridges. ALDF urged the agencies to follow the law that protects these migratory Cliff Swallows to no avail.
Last week, Governor Brown ordered an independent, top-to-bottom review of Caltrans, the outcome of which could mean better standards for wildlife protection. The refusal of Caltrans and contractors to follow the law–to use non-lethal alternatives and make space for protected wildlife alongside human development–has placed the entire project in jeopardy. Recently, a subcommittee approved California State Assembly Member Marc Levine’s (D-San Rafael) request that next year’s state budget include the following requirement for Caltrans regarding the Highway 101 Marin Sonoma Narrows Project:
Prior to any construction activities at the U.S. Highway 101 Petaluma River bridge or the State Highway 116 (Lakeville Highway) Petaluma River bridge, during the 2014 migratory season, the Department shall meet with local conservation and community organizations having expertise in local migratory birds, and with regulatory agencies as well, to determine the most appropriate means of achieving full compliance with applicable state and federal laws protecting migratory birds and other wildlife.
The Animal Legal Defense Fund is pleased to see our representatives listening to our communities. There are ways to live together in harmony, without destroying our precious wildlife, or the ecosystems that sustain life as we know it. Naturalist Henry Beston once wrote:
“For the animal shall not be measured by man. In a world older and more complete than ours they move finished and complete, gifted with extensions of the senses we have lost or never attained, living by voices we shall never hear. They are not brethren, they are not underlings; they are other nations, caught with ourselves in the net of life and time, fellow prisoners of the splendour and travail of the earth.”
Beston captures the stubborn independence of our wild neighbors but also their vulnerability. Our modern conveniences–like roads and shopping malls–are too often the careless instruments of the destruction of wild animals and their habitats. We have a responsibility to consider the lives and interests of these wild creatures who live amongst us and make every effort to protect them, even when it may not be cost effective or convenient.