Issues

WildEarth Guardians Sues Fish and Wildlife Service over Gunnison’s Prairie Dog. This week, WildEarth Guardians filed a lawsuit against the U.S. Fish and Wildlife Service (FWS) in federal court. According to WildEarth Guardians, the FWS did not use the best available science to review the status of the Gunnison’s Prairie Dog as threatened or endangered. Bethany Cotton, wildlife program director for WildEarth Guardians, stated “We would like to see them protected. We would like the service to take a look again. We thought the analysis was just deficient.” Meanwhile, the Telluride Daily Planet notes that Telluride’s valley floor is home to a rampant population of the species.

The suit comes after a November 2013 decision to not list the prairie dog under the Endangered Species Act (ESA). WildEarth Guardians first submitted a listing proposal for the species in 2004; however, in 2006 the USFWS determined that the proposal, “did not present substantial scientific information indicating the listing was warranted.

The Colorado Cattlemen’s Association Says Endangered Species Act is Failing. The Colorado Cattlemen’s Association (CCA) met with elected officials and government agencies in Washington, D.C. this week to express their concerns with the Endangered Species Act (ESA). As AG Journal reports, the Association believes the ESA is no longer effective. From the CCA:

“Despite its worthy goal, the Endangered Species Act (ESA), as it stands now, is failing – in that, less than two percent of the listed species have been declared recovered since the ESA was enacted in 1973.”

The CCA underscored that instead of employing the ESA to conserve America’s wildlife, fringe environmental groups are using it as a tactic against ranchers and farmers in court battles. Landowners are then forced to meet excessive land and resource restrictions all while battling numerous lawsuits. From the Association:

“These lawsuits and court proceedings have cost the American taxpayers hundreds of millions of dollars and removed sound science from the decision-making process, with the overall result being negligible to no positive outcome for species facing extinction.”

Colorado is Prepared to Sue over Gunnison Sage-Grouse. The Associated Press reports that Colorado officials are prepared to file suit if the Gunnison Sage Grouse is listed as endangered under the federal Endangered Species Act (ESA). The final decision is not one that Coloradoans are taking lightly; listing the Sage Grouse under the ESA could levy extensive land-use restrictions on hundreds of thousands of acres where the bird is found, impacting land owners as well as the oil and gas industry. Earlier this month, Colorado Governor John Hickenlooper stood beside ranchers and energy producers in urging the U.S. Bureau of Land Management to not unnecessarily list the species. From the Governor:

“We must keep the local context of this conservation challenge foremost in our minds. The communities of northwestern Colorado rely on access and productivity associated with public lands for their livelihood. […] Ranching and energy development are the two most important economic drivers in the region.”

H. Sterling Burnett, an energy and environment consultant based in Dallas, Texas, echoed Governor Hickenlooper’s stance on the Sage Grouse’s impact on the regional economy:

“Unfortunately, the Endangered Species Act does not allow the Fish and Wildlife Service to balance the economic costs of habitat protection against the harm to the sage grouse. Under the ESA, species protection is the only thing that matters—any harm to economic development, property rights, etc., takes a distant second place.”

The U.S. Fish and Wildlife Service (FWS) proposed listing the Sage Grouse under the ESA in January 2013. In February, the FWS announced a six-week extension of its final decisions on proposals to protect the bird; it is expected to make a final determination on the bird’s status by May 12th.

In the News

States raise concerns about protection plan for northern long-eared bat. Milwaukee Journal Sentinel. The letter is the latest example of conflicts arising from the federal Endangered Species Act. The 40-year-law was instrumental in reviving the fortunes of the American bald eagle and other species. But it has also engendered conflict when protective measures rub up against other uses for the land.

Environmentalists painting with too broad a brush. Post Independent (LTE). Pearsall applies to sage grouse the usual environmentalist policy to withdraw all lands whether affected or not. We have this in a small area in our area. Environmental organizations want withdrawal of a big area which includes a small acreage for potential productive oil and gas development.

Status of gray wolf as struggling species in Southwest. The Bellingham Herald. The gray wolf is still considered “threatened” under the Endangered Species Act (ESA). But a June 2013 proposal by the Obama administration to “delist” the animals – save for a small struggling population of Mexican gray wolves in Arizona and New Mexico – could change that if finalized later this year.

Bird groups challenging another wind turbine project. The Press. The Black Swamp Bird Observatory and American Bird Conservancy are challenging another wind turbine project, contending its location poses considerable risk to migrating songbirds. The bird organizations had submitted a letter of intent to sue the National Guard, claiming the proposed turbine project violated the Endangered Species Act as well as other federal environmental and conservation laws.

Ruling may change Calif. water pricing, delivery. Capital Press. Some California irrigators may face changes to the pricing and timing of water deliveries due to a recent court ruling. Water delivery contracts held by some California irrigators must be evaluated for their impact on threatened and endangered species, according to a federal appeals court.

Drought in Southwest Fuels Dispute Over Protections for Silvery Minnow. Wall Street Journal. The minnow dispute is one of many challenges federal and state officials face as they try to balance the legal rights of critters protected under the Endangered Species Act with the realities of the drought.

Appeals Court Says Endangered Species Act Applies to California Water Supply Contracts. Bloomberg BNA. The U.S. Bureau of Reclamation must consult with the U.S. Fish and Wildlife Service on possible protections for the Delta smelt in California before renewing long-term water contracts in central California, a federal appeals court ruled April 16.

Environmentalists pushed Bundy ranch standoff over endangered tortoises. Daily Caller. The primary vehicle used by government officials and environmentalists to advance this goal has been the desert tortoise, which was listed as “threatened” under the Endangered Species Act in 1990.

Conservation group seeks to block Idaho gold-mine exploration project. Fox News. The lawsuit said the plan calls for 43,800 one-way vehicle trips over the three years to move equipment and bring in about three million gallons of fuel. The routes follow winding roads near the South Fork of the Salmon River and two of its tributaries. Those streams contain chinook salmon, steelhead and bull trout, each listed as threated under the Endangered Species Act.