Legal wrangling

Jesse Gilsdorf recently posted a couple of Grand Prairie-related documents on BirdForum. (I'm agnostic on the outcome of this legal battle, but I am interested in the numerous Ivory-bill claims and arguments made by both sides). Below are a couple of excerpts (the bold font is mine):

From this document (PDF format), which is a National Wildlife Federation memorandum describing their position in Arkansas, filed 10/28/2005:

On August 2, 2005, FWS acknowledged that experts had detected several ivory bills in the White River National Wildlife Refuge. See James Gorman and Andrew Revkin, New York Times, Vindication for a Bird and Its Fans (Aug. 2, 2005) (Ex. F); see also Map (Nunley Decl., Ex. 1). These birds are in addition to the earlier confirmed sightings in the Cache River National Wildlife Refuge.

From this document (PDF format), which is the government's response, filed 11/14/2005:

Though initially more cautious, FWS determined that a 0.125 [mile] buffer around structures, and no buffer around roads, was appropriate because while the IBWO is somewhat sensitive to disturbance, it is likely that they develop a tolerance to some degree of noise and human activity. Id. This decision was based on several factors: (1)Tanner (1942) established a camp 300 feet from an IBWO nest cavity, with some initial response but a short acclimation to the presence of his research team; (2) many of the recent confirmed sightings of IBWO have been within .125 miles of highways; (3) timber harvests using heavy equipment have been occurring in the area for many years; and (4) the locations where the IBWO have been spotted are areas of considerable recreational use. Id. FWS determined that the IBWO has apparently acclimated to the recurring activities and has been able to avoid or make adjustments to the less frequent activities. Id.