"one man is fighting eviction by claiming protection under the federal Endangered Species Act.
Steve Ludlum... amateur botanist... seeking the federal protection... for the nearly 1,000 species of imported orchids that he raises in his third-floor hothouse. ... The owner of the former soap factory under the Manhattan Bridge wants to flatten the building to build a 10-story loft-style condo tower. Me and my plants arent going to take the bullet so a developer can make money, said Ludlum... Ludlums orchids fill a room the size of a studio apartment. Five ceiling fans and a ventilation system regulate the temperature. A hand-rigged irrigation system pipes water to the plants, sending earthy runoff to a drain behind the building. Last week, the... botanist... filed a lawsuit against his landlord in federal court, charging that his eviction would result in [the] loss of endangered species and violate laws protecting his threatened Phragipedium and Paphiopedilum ladyslipper orchids. Orchid plants are habitat-specific, he charged in court papers. Removal from their current location, which is a necessary and required controlled environment, shall constitute a taking of the protected orchid plant. ... The case is the first of its kind, but wildlife experts said that Ludlum will face problems proving that his imported flora require protection... Federal law protects endangered species from take or harm terms that can include eviction but the law only applies to plants protected under state jurisdiction, meaning Ludlum would have better luck if the orchids were native to New York. Its hard to know what kind of [federal] protections there could be for an international plant, said Edward Grace, senior special agent for the Fish and Wildlife Service." source : http://www.brooklynpapers.com/html/issues/_vol29/29_20/29_20nets2.html ********** regards, VB _______________________________________________ the OrchidGuide Digest (OGD) orchids@orchidguide.com http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
