The indictment is here (pdf). (I've stored it on a free hosting service so it can be slow to open).
KIUC is charged with nine counts each of taking threatened species in violation of 16 USC §§ 1538(a)(1)(G) and 1540(b)(1) and Title 50, Code of Federal Regulations, § 17.31(c) and (a); and taking migratory birds in violation of 16 USC §§ 703(a), 707(a).
I haven't had time to do more than scan it and I'm no expert at environmental law - especially endangered species (we'll learn about it together as the case progresses) - but I notice that many of the allegations involve birds found "near" power lines and power poles, and that causes me to wonder what the burden of proof is in these sorts of cases.
Recent news reports of the indictment are here (Garden Island) and here (Advertiser).
3 comments:
The simple math is:
Bird body + power pole = Kauaians' $$$'s for Earth Justice.
Just another monumental waste of taxpayer $$$$'s for what, a few birds? What's the solution tear down all power lines? What bunch of idiots these feds and enviro-wackos.
Birds before people...all power to the birds!
R.DeSoto
I just read the Indictment.
Really bad conduct over a long period of time alleged.
Since any fines will be passed of to the shareholders, I hope that Justice demands jail time instead.
Also thought it interesting that corporate counsel is announcing that his clients want a jury trial the same day as the indictment. That may turn out to be a faux pas later.
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