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**Xposted

    about:   Re[2]: Suspension of Calif ESA (fwd):

  More BENE conversation on the suspension of CA ESA by Gov. Wilson 
  in supposed response to the flooding of the Pajero.
  ---------------------------------------------------

  I don't know whether the California ESA has the same provision for
  exemptions  during the disasters that the Federal ESA has, but it seems
  likely.  The federal exemption is covered in Sec. 7(p) Exemptions in
  Presidentially Declared Disaster Areas.-- In any area which has been
  declared by the President to be a major  disaster area under the
  Disaster Relief Act of 1974, the President is authorized to make the
  determinations required by subsections (g) and (h) of this section  for
  any project for the repair or replacement of a public facility
  substantially as it existed prior to the disaster under Section 401 or
  402 of the Disaster  Relief Act of 1974, and which the President
  determines (1) is necessary to  prevent the recurrence of such a
  natural disaster and to reduce the potential  loss of human life, and
  (2) to involve an emergency situation which does not  allow the
  ordinary procedures of this section to be followed. 
  In practice, the Service (at least here in California) tells agencies
  to do what needs to be done and we'll talk about any mitigation needs
  later.  Naturally the media will play up the "look how awful the ESA
  is" aspect, even if it runs  counter to reality.  By the way, there are
  two rumours on the street here  concerning the Pajaro River and the
  ESA.  The first is that the agency  responsible for maintaining the
  Pajaro floodway had a permit for clearing, but  hadn't acted for
  whatever reason.  The second is that one of the prime  directives for
  the Wilson staff is to place as much blame as possible for  everything
  it can on the ESA.  That the latter is more than rumour is a 
  reasonable interpretation of the Governor's statements with respect to
  the ESA  for about the last year and a half.  They have yet to tie in
  welfare fraud and  illegal immigration, but I'm sure they'll find a way
  during the presidential  campaign.
  ______________________________ Reply Separator
  _________________________________ Subject: Re: Suspension of Calif ESA
  Author:  bene@straylight.tamu.edu at 9DE~INTR
  Date:    3/20/95 3:15 PM


  I've been following this thread with interest, although I haven't
  found  anything in the Washington Post on it (although I've barely had
  time to  skim the paper lately, so I may have missed it).  But being a
  former  lawyer, I have to ask what authority the governor has to
  suspend any law.   Is there some kind of provision in California law
  that permits the  governor to suspend a law in cases of emergency?  If
  so, what are the  standards, and what safeguards are there to prevent
  abuse of such a law?   Are there any laws to which this authority does
  not extend?  For  instance, I can't imagine he'd have the authority to
  suspend  consitutional rights.  Are there any California legal types
  who can shed  some light on this issue?  A reference to a statute will
  suffice for me,  but I suspect others may prefer more explanation.
  
  And for the non-legal types, can you please give more detail about
  what  prompted this extraordinary measure?  I apologize for asking you
  to  repeat previous posts, but this seems like a topic worth more 
  consideration by those of us outside California.
  
  Ellen Paul
  University of Maryland
  Graduate Program in Sustainable Development and Conservation Biology




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