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Conservation Department defends role as fish, wildlife protector
MDC
1/8/03
Conservation officials have asked the courts to reaffirm its constitutional role as the guardian of Missouri's forests, fish and wildlife.
JEFFERSON CITY - Citing fiscal as well as constitutional reasons, the Missouri Department of Conservation has asked the state courts to affirm its authority to defend forest, fish and wildlife resources.
Tuesday, the Conservation Department asked the Cole County Circuit Court to confirm the agency's right to sue those who damage the state's forests, fish or wildlife. The immediate issue is whether the Conservation Department can hold AmerenUE accountable for killing tens of thousands of fish valued at over $3 million at Bagnell Dam last spring. Agency officials say much larger issues are also involved, however.
" What's at stake here is our constitutional authority to do the job that voters entrusted to us almost 70 years ago," said Conservation Department Director John Hoskins. "Protection of Missouri's resources is a big responsibility and we take that responsibility seriously."
The Conservation Department's request for declaratory judgment is the latest in a series of legal filings that began in October. AmerenUE had claimed that it wanted to stop fish kills at its hydroelectric generating plant at Lake of the Ozarks. That spirit of cooperation evaporated when the private power utility asked a federal court to negate the Conservation Department's authority to seek damages for such kills.
More recently, Missouri Attorney General Jay Nixon has filed a separate suit against AmerenUE seeking damages for the fish kill as well as alleged water quality violations. Nixon also has claimed exclusive authority to file such suits on behalf of the state and has notified AmerenUE by letter that conservation officials cannot settle any damage claims.
" The Attorney General's statements come as a surprise," said Conservation Commission Chairman Howard Wood. "First, the Department was forced to defend itself against the suit brought by AmerenUE, and now we are forced to defend our ability to legally protect the resources we manage."
Director Hoskins said the Conservation Department is the only state agency with the constitutional authority to stand up for forests, fish and wildlife. He acknowledged that Nixon has a role to play in protecting Missouri's environment, but the Conservation Department is the agency in the better position to pursue damages for this fish kill.
" By a vote of the people in 1937, Missourians put responsibility for protecting forests, fish and wildlife in this agency's hands," said Hoskins. "Apparently they were pleased with the results, because 39 years later they went back to the polls and set up a sales tax earmarked for conservation programs. We don't intend to let them down."
MDC
1/8/03
Conservation officials have asked the courts to reaffirm its constitutional role as the guardian of Missouri's forests, fish and wildlife.
JEFFERSON CITY - Citing fiscal as well as constitutional reasons, the Missouri Department of Conservation has asked the state courts to affirm its authority to defend forest, fish and wildlife resources.
Tuesday, the Conservation Department asked the Cole County Circuit Court to confirm the agency's right to sue those who damage the state's forests, fish or wildlife. The immediate issue is whether the Conservation Department can hold AmerenUE accountable for killing tens of thousands of fish valued at over $3 million at Bagnell Dam last spring. Agency officials say much larger issues are also involved, however.
" What's at stake here is our constitutional authority to do the job that voters entrusted to us almost 70 years ago," said Conservation Department Director John Hoskins. "Protection of Missouri's resources is a big responsibility and we take that responsibility seriously."
The Conservation Department's request for declaratory judgment is the latest in a series of legal filings that began in October. AmerenUE had claimed that it wanted to stop fish kills at its hydroelectric generating plant at Lake of the Ozarks. That spirit of cooperation evaporated when the private power utility asked a federal court to negate the Conservation Department's authority to seek damages for such kills.
More recently, Missouri Attorney General Jay Nixon has filed a separate suit against AmerenUE seeking damages for the fish kill as well as alleged water quality violations. Nixon also has claimed exclusive authority to file such suits on behalf of the state and has notified AmerenUE by letter that conservation officials cannot settle any damage claims.
" The Attorney General's statements come as a surprise," said Conservation Commission Chairman Howard Wood. "First, the Department was forced to defend itself against the suit brought by AmerenUE, and now we are forced to defend our ability to legally protect the resources we manage."
Director Hoskins said the Conservation Department is the only state agency with the constitutional authority to stand up for forests, fish and wildlife. He acknowledged that Nixon has a role to play in protecting Missouri's environment, but the Conservation Department is the agency in the better position to pursue damages for this fish kill.
" By a vote of the people in 1937, Missourians put responsibility for protecting forests, fish and wildlife in this agency's hands," said Hoskins. "Apparently they were pleased with the results, because 39 years later they went back to the polls and set up a sales tax earmarked for conservation programs. We don't intend to let them down."
