Clicking on banner ads keeps JWR alive
Jewish World Review Feb. 28, 2001 / 5 Adar, 5761

Debra J. Saunders

Debra J. Saunders
JWR's Pundits
World Editorial
Cartoon Showcase

Mallard Fillmore

Michael Barone
Mona Charen
Linda Chavez
Ann Coulter
Greg Crosby
Larry Elder
Don Feder
Suzanne Fields
James Glassman
Paul Greenberg
Bob Greene
Betsy Hart
Nat Hentoff
David Horowitz
Marianne Jennings
Michael Kelly
Mort Kondracke
Ch. Krauthammer
Lawrence Kudlow
Dr. Laura
John Leo
David Limbaugh
Michelle Malkin
Chris Matthews
Michael Medved
MUGGER
Kathleen Parker
Sam Schulman
Amity Shlaes
Roger Simon
Tony Snow
Thomas Sowell
Cal Thomas
Jonathan S. Tobin
Ben Wattenberg
George Will
Bruce Williams
Walter Williams
Mort Zuckerman

Consumer Reports


Move a frog, go to jail?

http://www.jewishworldreview.com -- IF the feds had their way, environmental consultant John J. Zentner, 46, would be in jail right now.

One of his cell brethren eventually would ask, "What are you in for?"

"Moving frogs," he could say.

The Orinda, Calif., resident and his company pleaded guilty to three misdemeanor counts of violating the federal Endangered Species Act. He agreed to serve 200 hours of community service, to have his firm pay a fine of $65,000 and to pay a personal fine of $10,000. All for moving some 60 California red-legged frogs and 500 tadpoles from a watercourse to a pond. But that wasn't enough for the hang-em-high Department of Justice. The prosecutor asked a federal magistrate to sentence Zentner to 10 days in jail, because of "the serious nature of the defendant's crime."

Yes, the Ribbit Police wanted Zentner to pay a stiffer punishment than what is meted to most first-time drunk drivers, who endanger human lives.

Judge Wayne Brazil wisely determined Zentner didn't need to do jail time.

Zentner's life of crime began in 1999. Wildlife officials told him that they believed red-legged frogs -- made famous in Mark Twain's story "The Celebrated Jumping Frog of Calaveras County" -- were on a development site for which he was a consultant. But Zentner told them they were wrong. Later, he failed to notify authorities after his employees told him they had seen said frogs, which are protected by the Endangered Species Act.

Months later he moved the frogs to the pond. "It was arrogant," Zentner noted, even as he said he thought the law allowed him to do so.

The Feds argued that Zentner intentionally violated the law to save his client from a six to one year delay in construction. (Zentner says no, but it is easy to see why the Feds would believe someone would rather move frogs than delay development for months.)

Zentner's attorney Bill Goodman notes that if his client wanted to expedite development, "There was obviously a blatantly wrong alternative, which was to allow the frogs to be bulldozed into oblivion."

Of course, the Feds have to enforce even dumb laws -- but they don't need to over-enforce laws. Zentner's legal fees, fines and community service are punishment aplenty.

Especially when court documents indicate that Kermit and his buddies are living large in the pond. After all, if frogs croak free, why should Zentner sit in stir?

Is this what Mark Twain would have wanted?

Zentner hopes that his punishment serves as a warning to people who don't take the Endangered Species Act seriously. It should.

Meanwhile, another worthy result would be if President Bush's call for common sense in government spells an end to such prosecutorial excesses. The name of the department is Justice, but after the way it handled the Zentner case, one is tempted to nickname the department Warts.


Comment JWR contributor Debra J. Saunders's column by clicking here.


Up


02/26/01: They knew they'd get away with it
02/20/01: How Dems define tax fairness
02/16/01: The jackpot casino Carmel tribe?
02/14/01: You can fight school success
02/12/01: Hannibal -- with guts this time
02/08/01: A family of jailbirds
02/05/01: Reality's most demeaning TV moments
02/01/01: Justice for the non-Rich
01/26/01: Hail to the chiefs of D.C. opinion
01/24/01: A day of mud and monuments
01/22/01: Diversity, division, de-lovely D.C.
01/19/01: Parties agree: Give back the money
01/17/01: Get tough with the oil companies, or forget pumping more Alaskan crude
01/15/01: Mineta better pray that no attending confirmation senator has ever driven to San Jose during rush hour
01/12/01: Europeans should look in the mirror
01/10/01: Dems' reasons for dissin' Dubya's picks
01/08/01: Jerry, curb your guru
01/03/01: A foe of Hitler and friend of Keating
12/28/00: Nice people think nice thoughts
12/26/00: The Clinton years: Epilogue
12/21/00: 'Tis the season to free nonviolent drug offenders 12/18/00: A golden opportunity is squandered
12/15/00: You can take the 24 years, good son
12/13/00: Court of law vs. court of public opinion
12/08/00: A salvo in the war on the war on drugs
12/06/00: Don't cry, Butterfly: Big trees make great decks
12/04/00: Florida: Don't do as Romans did
11/30/00: Special City's hotel parking ticket
11/27/00: No means yes, yes means more than yes
11/22/00: The bench, the ballot and fairness
11/20/00: Mendocino, how green is your ballot?

© 2000, Creators Syndicate