Issues
Oklahoma and Industry Sue over Federal ESA Mega-Settlements. This week, the state of Oklahoma and the Domestic Energy Producers Alliance (DEPA) filed suit against the Fish and Wildlife Service (FWS) over the FWS’s 2011 mega settlements with the Center for Biological Diversity and WildEarth Guardians. The lawsuit charges the Department of the Interior and the FWS with violating the Constitution and the Administrative Procedure Act by entering settlements that set deadlines for deciding whether to list species under the Endangered Species Act (ESA). E&E News (sub req’d) reports:
“The settlements—which FWS signed with the Center for Biological Diversity and WildEarth Guardians—do not require the agency to list any species. But they do fast-track consideration, forcing FWS to relatively quickly make decisions on whether to list hundreds of species. In return, the green groups agreed to limit lawsuits and listing petitions. Of particular concern to Oklahoma and energy companies is a proposed threatened listing for the lesser prairie chicken. In a bid to stop the listing — which would limit land use — such companies have pledged millions of dollars to help conserve the species.”
Oklahoma Attorney General Scott Pruitt commented on the lawsuit, noting he believes the FWS is not abiding by the law and is “using the courts to impose regulations.” From the press release:
“Oklahoma has spent millions to develop a conservation plan that offers adequate protections for the lesser prairie chicken, yet those efforts could be undone without input from the state because of a consent decree between the FWS and a national environmental group. Oklahoma has indicated its willingness to protect the lesser prairie chicken but it seems increasingly clear this issue isn’t about sound science or saving endangered species. Using the courts to impose regulations undermines the rule of law.”
Pruitt also commented on the lawsuit in Investor’s Business Daily, stating that by engaging in these settlements FWS “has attempted to circumvent the legislative and regulatory process and make fundamental changes to its ESA-imposed obligations.” The article notes that if Oklahoma and DEPA lose their suit, it could have a serious impact on the U.S. energy revolution.
Texas Landowners Enroll more than 600,000 Acres for Prairie Chicken Conservation. The Seminole Sentinel reports that eighty-four Texas ranchers have voluntarily enrolled 614,250 acres in conservation agreements for the Lesser Prairie Chicken. The effort is noted as the largest private landowner commitment to conserve a species in Texas history. In 2006, the Texas Parks and Wildlife Department signed a Candidate Conservation Agreement with Assurances (CCAA) with the U.S. Fish and Wildlife Service (FWS). Six years later in 2012, the FWS proposed listing the bird as threatened under the Endangered Species Act (ESA) and enrollment shot up. As the Seminole Sentinel explains, “enrolling companies get regulatory assurances through a special USFWS rule or a CCAA permit, so that if the species is listed the companies have a pathway to continue operations and development in the region.”
This Texas acreage joins the impressive funding and land commitments that have already been dedicated to preserving the lesser prairie chicken. From the Western Association of Fish and Wildlife Agencies:
“Private companies in five states have now enrolled more than 2.5 million acres in the Lesser Prairie-Chicken Range-wide Conservation Plan, representing oil and gas, pipelines, electric transmission and wind energy, resulting in nearly $15 million for habitat conservation over the next three years. Added to more than 1.3 million acres of oil and gas leases under conservation agreements in New Mexico, this brings the total industry commitment close to 4 million acres.
“Range-wide plan enrollment now includes 14 electric transmission companies, representing most of the electric grid across the species’ range in New Mexico, Oklahoma, and Texas. Also, eight oil and gas companies have enrolled more than 2 million acres across all five states. And, two wind energy developments and one natural gas pipeline company have signed on, with more in the process of enrollment.”
The Albuquerque Journal also reports that landowners across southeastern New Mexico have enrolled in CCAAs in an effort to shield themselves from the potential impacts of a federal listing. According to Douglas Lynn, executive director for the nonprofit Center of Excellence for Hazardous Materials Management, more than three million acres of private, state and federal land have been signed up under CCAA agreements in New Mexico.
GOP Bill Would Force Agencies to Count Animals in all Jurisdictions Before Assigning Protections. Rep. Chris Stewart (R-UT) introduced legislation that would require the federal government to include species found on state, private and tribal lands in its official counts when determining whether a species should receive federal protections. E&E News (sub req’d) reports that Stewart introduced the legislation to address how the FWS tallies the Utah Prairie Dog. To date, the Utah Division of Wildlife Resources only takes into account animals that live on lands that are managed by federal agencies. Rep. Stewart notes that this method alters counting result by leaving out animals that live on state, local and private lands. From Rep. Stewart:
“Many wonder whether the species could be delisted if these dogs were included in official counts used to determine whether the species is on the path to recovery. Moreover, I am concerned that only counting part of a population of any species to determine species recovery could hugely expand the reach of the ESA. This is a common-sense reform that simply asks for accurate population counts when assessing the status of threatened or endangered species. I have had conversations with the Interior Secretary, Sally Jewel, about this problem and I am hopeful that we will be able to work together to find a solution.”
Read the full text of the bill HERE and more from Rep. Stewart HERE.
Industry Advises on WAFWA Enrollment: The United State Fish and Wildlife Agency will make a decision on whether to list the Lesser Prairie Chicken under the Endangered Species Act by March 30, 2014. One way to possibly avoid a listing, as was successfully done with the dunes sagebrush lizard, would be for oil and gas companies to enroll in the WAFWA range wide conservation plan, the O&G CCAA or the NM CCAA (restricted to New Mexico acreage only) administered by CEHMM. The RWP and the CCAAs are designed to preclude a listing and, should FWS decide to list the bird, provide participants a way to exempt their operations from ESA liability for incidental take.
To ensure that industry’s efforts are fully considered, Companies considering enrollment in the RWP or the CCAAs should make their submittals as soon as possible. To enroll in WAFWA’s RWP or the CCAA contact Sean Kyle, WAFWA’s Industry Enrollment and Mitigation Lead, at 806-252-2766. For companies with NM acreage in the LEPC habitat, contact either Sean Kyle at WAFWA or Matt Mathis and Emily Wirth with CEHMM at 575-885-3700. Myles Culhane with Occidental Oil and Gas Corporation has also offered to be available to answer questions. He may be reached at 713-215-7591.
In the News
The Sue-and-Settle Racket. National Review (Blog). For four years now, radical environmental groups have teamed with the Obama administration’s Interior Department and hijacked the Endangered Species Act (ESA) to bottle up development in many areas out West. The big villain that the Left is trying to thwart, of course, is the oil-and-gas industry. The ESA is blocking drilling operations in many prime energy-rich locations.
County approves lesser prairie chicken letter. Artesia News. The Eddy County Commission joined a list of New Mexico counties this week in approving a joint letter to the U.S. Fish and Wildlife Service in opposition of the listing of the lesser prairie chicken as a threatened species under the Endangered Species Act of 1973.
Endangered: Sage Grouse, Prairie Chickens, Ranchers. Wall Street Journal (LTE). As a fourth-generation cattle rancher in southeast Oregon’s high desert outback, I find myself for the first time agreeing with Nevada Sen. Harry Reid, regarding the “major ramifications” listing the greater sage grouse will have on the economies of the rural West (“Sage Grouse Rebellion,” Review & Outlook, March 11). It will put rangeland cattle ranching out of business.
Tale of two species on Western rangelands. Elko Daily Free Press (Guest Column by Thomas Mitchell). Take the raging debates over what to do about two species — sage grouse and wild horses. The U.S. Fish and Wildlife Service is hell bent to list the chicken-sized bird under the Endangered Species Act because they fear the population could become extinct. Such a listing would hurt farmers, ranchers, miners, recreation and oil and gas exploration on public and private land. Yet, the birds are legally hunted in Nevada and other states.
Prairie chickens’ listing looms. Albuquerque Journal. Listing of the lesser prairie chicken under the Endangered Species Act appears imminent, but landowners across southeastern New Mexico appear to be insulated from the decision’s potential impacts.
Northwest Mining Association announces new name: Group keeps same goals for promoting mining interests. Elko Daily Free Press. The Northwest Mining Association, now known as the American Mining and Exploration Association, met in early December to discuss the issues most pressing to the industry at the 119th Annual Conference. At the membership luncheon, Richard Brown, the organization’s president, addressed those gathered – with special preference to the possibility of the sage grouse being listed as an endangered species.
BLM plan isn’t enough to sustain sage grouse. The Salt Lake Tribune. Scientists associated with a national technical team created by BLM have concluded that these birds will be more likely to avoid extinction and begin recovering if less than 3 percent of its key habitats are disturbed. Progress toward that goal could help avoid an Endangered Species Act listing, which could trigger political turmoil and legal battles.
Idaho to kill thousands of ravens to benefit imperiled bird species. Reuters. Idaho is planning to kill thousands of ravens to protect another bird whose eggs and chicks are among its prey, despite criticism that human development is a greater threat to the imperiled sage-grouse than the black-winged bird. The Fish and Wildlife Service is to decide next year if the bird must be protected under the Endangered Species Act.
Farr, 74 others ask administration to scrap wolf de-listing proposal. The Salinas Californian. Seventy-five House members – including Carmel Democrat Sam Farr – wrote to Interior Secretary Sally Jewell on Wednesday urging her to scrap a proposal to remove the gray wolf from the federal endangered species list. In a letter written by Oregon Rep. Pete DeFazio, the senior Democrat on the House Natural Resources Committee, the lawmaker referred to last month’s independent review requested by the U.S. Fish & Wildlife Service.
