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Just 300 cranes remain in naturally migrating flock -12/5/2014, 10:08 AM

Whooping cranes visit Cedar Bluff -12/5/2014, 10:07 AM

Hunters enter guilty pleas -11/21/2014, 9:50 AM

Pheasant numbers higher -11/7/2014, 9:53 AM

If the pheasant numbers are better, why aren't we seeing more? -11/7/2014, 9:53 AM

KDWP&T set to woo out-of-state hunters -11/7/2014, 9:53 AM

Federal charges filed against 8 in 2013 Graham County dove hunt -11/7/2014, 9:53 AM

Politics trumps science -10/17/2014, 11:50 AM

Diminutive burrowing owl briefly stands guard -10/17/2014, 11:50 AM

Rescuing the injured -10/10/2014, 10:00 AM

Manager takes to the sky -9/19/2014, 2:30 PM

Of dragonflies, new bad habits -9/12/2014, 9:51 AM

A real rarity -9/5/2014, 9:56 AM

Peak camping season ends with a bang -9/5/2014, 9:46 AM

Mourning the loss of the last passenger pigeon -- too many already -9/5/2014, 9:46 AM

Bird a top choice for hunters -8/29/2014, 9:22 AM

Doves all around -8/29/2014, 9:22 AM

FWS details ESA listing for bat -8/22/2014, 12:15 PM

Tales from the land of Don't -8/8/2014, 6:07 PM

'Kansas Fishes' hot off the press -8/8/2014, 6:07 PM

Pheasant tour off target -8/1/2014, 8:17 AM

Pheasant harvest falls again -7/24/2014, 11:02 AM

Biologist calls idea 'ludicrous' -7/18/2014, 2:13 PM

Appeals court exonerates Texas water board -7/11/2014, 12:01 PM

Survey finds more prairie chickens -7/11/2014, 11:52 AM

Hunting outlook up; duck numbers sharply higher -7/11/2014, 11:52 AM

New round of federal lawsuits at loggerheads with one another -6/20/2014, 11:34 AM

KDWP&T OKs regional ban on prairie chicken hunting -6/20/2014, 11:34 AM

KNRC not ready to give up -6/20/2014, 11:34 AM

Serenading a historic landmark -5/30/2014, 11:03 AM

KNRC set to ask for more money -5/30/2014, 11:03 AM

Kansas seceding on wildlife -5/9/2014, 8:31 AM

Kansas courts back federal endangered species law -5/9/2014, 8:30 AM

Review nearing completion -4/25/2014, 11:07 AM

Bat species should be studied, biologist says -4/25/2014, 11:07 AM

Bats an economic benefit for farmers -4/24/2014, 11:08 AM

Walleye smaller, still productive -4/18/2014, 11:00 AM

In the baking aisle, shoppers agree environment is critical -4/18/2014, 11:00 AM

Lawsuits lining up on listing -4/11/2014, 11:00 AM

Webster too low for irrigation -4/10/2014, 11:00 AM

-4/4/2014, 4:55 PM

-4/4/2014, 4:55 PM

FWS lists prairie chicken as threatened -3/28/2014, 9:47 AM

Whooping cranes reach Kansas; winter numbers up slightly -3/28/2014, 8:35 AM

Ferret numbers still tumbling -3/28/2014, 8:35 AM

Oklahoma, oil group suing FWS -3/20/2014, 9:59 AM

Divining rod for discs -3/20/2014, 9:59 AM

Despite valiant effort, no success in finding snowy owl -3/14/2014, 9:27 AM

Capturing the moment -3/14/2014, 9:27 AM

Kansas: Not so flat after all -3/7/2014, 3:49 PM

Rod, reel a good fit -2/28/2014, 7:53 AM

Spring just a snowstorm or so away -2/28/2014, 7:53 AM

At 90: Best deer ever -2/21/2014, 10:33 AM

Tests confirm 5 new CWD cases -2/14/2014, 10:13 AM

Senate votes to invoke 'sovereignty' over state's prairie chickens -2/14/2014, 10:13 AM

KNRC to deliver report, asking for more money from member counties -2/7/2014, 10:50 AM

Group flunks states, federal agencies dealing with prairie dogs -2/7/2014, 12:12 PM

Brownback ready to sue feds -2/7/2014, 10:50 AM

Big oil companies bankrolling conservation plan -2/6/2014, 10:50 AM

Audubon blasts 'sovereign' bill -1/31/2014, 9:49 AM

Feds again asking for listing comments -1/31/2014, 9:48 AM

Utilities enrolling in program -1/31/2014, 9:48 AM

Listing controversy continues -1/17/2014, 10:30 AM

Friends on the water -12/20/2013, 9:54 AM

Federal wildlife agency lays out rules for oil, gas protection -12/20/2013, 9:54 AM

A beckoning -12/13/2013, 9:08 AM

Listing more likely as FWS adds rules -12/13/2013, 8:59 AM

It's happening right before our eyes! -11/29/2013, 10:28 AM

Governor's Ringneck Classic draws a crowd -11/22/2013, 9:29 AM

Drought saps pheasant numbers -11/8/2013, 6:50 PM

Sporting clays sure to be hot at hunt -11/8/2013, 6:50 PM

Counties set to talk chickens -11/1/2013, 12:08 PM

Dangerous delight -10/18/2013, 9:44 AM

Coping with (more) bad habits -10/11/2013, 12:01 PM

Celebrating fossil discoveries -10/11/2013, 11:51 AM

Making a wish come true -9/27/2013, 11:39 AM

Prairie chicken numbers tumble -9/27/2013, 11:39 AM

Counties meet FWS, present plans -9/20/2013, 12:25 PM

Oakley man in pursuit of grouse -9/13/2013, 11:23 AM

Counties hoping to halt listing -9/6/2013, 11:54 AM

Going outdoors -8/23/2013, 10:15 AM

Wetlands no longer bone dry -8/16/2013, 11:46 AM

Duck numbers remain strong -7/26/2013, 11:48 AM

Updated survey, conservation plan upcoming -7/26/2013, 11:39 AM

Pheasant outlook not so bright -7/19/2013, 11:48 AM

High heat, strong winds finally show a beneficial side -7/12/2013, 12:05 PM

FWS delay reopens comment period -7/12/2013, 12:05 PM

Study refutes wind tower effect on greater prairie chickens -7/12/2013, 12:05 PM

Flowering cacti drought's treat -6/21/2013, 11:58 AM

Building a bridge over a key spring -6/14/2013, 9:57 AM

Country matters: Lemon painted-cup taking over -6/7/2013, 8:52 AM

Wind dampens great camping -5/31/2013, 12:22 PM

Wildlife benefits can boost CRP offers -5/24/2013, 11:42 AM

Camping season begins -5/24/2013, 11:42 AM

Field day focuses on wildlife needs -5/17/2013, 11:52 AM

FWS making big changes for LEPC rule -5/10/2013, 2:14 PM

Pheasants Forever biologists planning workshops on CRP enrollment -5/10/2013, 2:14 PM

Conservation plan nearly complete -5/3/2013, 10:31 AM

Final prairie chicken meeting upcoming -4/26/2013, 8:31 AM

Wildlife highlights Trego forestry day -4/26/2013, 8:31 AM

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Federal judge rules EPA did not follow its own rules on Rozol

Published on -7/8/2011, 1:36 PM

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Despite ruling, judge indicates unwillingness to pull poison off the market

By MIKE CORN

mcorn@dailynews.net

A federal judge has sided with three environmental groups, ruling the Environmental Protection Agency failed to follow its own rules when it granted registration of a blood-thinning poison for prairie dogs.

But it might be a hollow victory, as District Judge Ellen Huvelle indicated she has little interest in issuing an injunction against LiphaTech, the maker of the controversial poison Rozol.

Huvelle's ruling was made in mid-June, when she granted a motion by the Natural Resources Defense Council. In effect, she found the EPA had violated the Endangered Species Act by registering Rozol without first consulting with the U.S. Fish and Wildlife Service.

Separate lawsuits were filed by NRDC and Defenders of Wildlife and Audubon of Kansas after they learned the EPA had issued a general registration for the use of Rozol to control prairie dog populations.

Previously, Rozol had been licensed on a state-by-state basis under what are called special local needs rules. Rozol manufacturer Liphatech, which joined the lawsuit filed against the EPA, had agreed to cancel the local registrations before the general use would be allowed.

EPA, the judge said in her 38-page ruling, "essentially admits that it utterly failed to satisfy the procedural requirements of ... the ESA before it registered Rozol."

Despite that, the judge agreed with the EPA that vacating the Rozol registration would be an inappropriate move, even though it is within the judge's power.

"... Several factors may caution against such a broad exercise of power," the judge said of suspending the registration, preventing its use. "LiphaTech voluntarily withdrew its local registrations in Colorado, Kansas, Nebraska, Oklahoma, Texas and Wyoming as a condition of agency registration. Thus, an injunction would prevent LiphaTech from selling its Rozol anywhere -- even in a state like Kansas, where Rozol has been approved for use since 2004."

But, she went on to say, simply remanding the case to EPA would do little good.

That's because EPA has already initiated formal consulting with FWS and previously solicited comments on suspension of the pesticide. Despite that, EPA in November refused to suspend the registration, but announced it had started talking with the wildlife agency.

Despite her finding for NRDC, Huvelle scheduled a July 21 hearing to determine "what injunctive relief is appropriate, if any."

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