Issues
FWS releases Greater Sage-grouse report. On Monday, March 25th, the U.S. Fish and Wildlife Service (FWS) released a final report, a collaborative effort between state and federal agencies, aimed at guiding and evaluating Greater Sage-grouse conservation efforts. The report identifies the current conservation status of the grouse, the threats considered to be facing the species, and overall objectives to ensure future conservation. Given the bird’s large habitat region, state involvement in the study was a critical component. As FWS director Dan Ashe noted on the release of the report,
“”The range of the sage-grouse is broad and encompasses areas with different habitat needs. We commend the Western states for providing their knowledge and expertise in helping us outline the conditions that will ensure the long-term viability of the Greater sage-grouse.”
Greater sage-grouse are currently found in Washington, Oregon, Idaho, Montana, North Dakota, eastern California, Nevada, Utah, western Colorado, South Dakota and Wyoming and the Canadian provinces of Alberta and Saskatchewan. The FWS is required to make a decision on whether to propose protecting the species under the Endangered Species Act in 2015. View the report HERE, a map of the priority areas for conservation (PACs) HERE, and a set of Q&A’s regarding the report HERE.
Congress asks FWS to delist the gray wolf. Last week seventy-two U.S. Senators and Representatives signed a letter to the FWS this week, requesting the agency delist the gray wolf from the endangered species list. The letter noted that while the wolf has posed a threat to local communities, state wildlife officials “have their hands tied” due to the wolves listing under the federal ESA. Signers included Senators Orrin Hatch (R-UT), John Barrasso (R-WY), Heidi Heitkamp (D-ND), and Joe Manchin (D-WV) and Representatives Cynthia Lummis (R-WY), Doc Hasting (R-WA), Jim Matheson (D-UT), Terri Sewell (D-AL), and Tim Walz (D-MN). Read the full letter HERE.
House Republicans crack down on ESA lawsuits. On March 21st, Texas congressman Bill Flores (TX-17), John Carter (TX-31), K. Michael Conaway (TX-11), Mac Thornberry (TX-13) and New Mexico Republican Steve Pearce (NM-2) introduced H.R. 1314 with the goal of increasing the transparency surrounding the use of the Endangered Species Act (ESA). In a release surrounding the introduction, Rep. Flores noted the negative impact of closed-door settlements that have been the hallmark of the ESA in recent years:
“It is time that we stop these closed-door settlements that are abusing the Endangered Species Act and costing American taxpayers millions of dollars, both of which are hurting the American economy. We must ensure that all parties affected by the conservation process are able to be involved. Through ESA settlement modernization, we increase transparency and stop the unwarranted economic damage and job losses that result from these abusive lawsuits.”
The House bill, companion legislation to S. 19 introduced by Sen. John Cornyn (R-TX) in February, would require states and counties to approve settlements that affect them, before judges sign off on the agreements. It also aims to limit the amount the Fish and Wildlife Service (FWS) and other agencies can spend on lawsuits by preventing litigants from obtaining legal fees. View H.R. 1314 HERE.
Interior says “major announcements” in the pipeline. At a discussion this week, Deputy Interior Secretary David Hayes predicted news surrounding the Interior’s habitat protection strategies in coming days. The Secretary noted that, the public is “going to hear more about that from this department in the next few weeks, with some major announcements.” The discussion, reported on by Bloomberg BNA (sub req’d) and sponsored by the Environmental Law Institute and Vanderbilt University Law School, focused on the utility of critical habitat designations, required by the Endangered Species Act when a species is listed as endangered or threatened. Hayes noted that the designation of critical habitat is of marginal benefit, and leads to timely and unnecessary litigation. “We’ve been spending a huge amount of—to my mind—relatively unproductive time fending off lawsuits,” he said.
In the News
Wildlife agencies release climate change adaptation plan. Politico Pro (sub req’d). Federal agencies released a strategy Tuesday to help protect fish, wildlife and plants from the effects of climate change. The report contains more broad guidelines than specifics, and is meant to act as a starting point for considering climate change when managing fish and wildlife issues, federal officials said.
Ranchers wary of rules expanding scope of ESA. Capital Press. The federal government wants to clarify the Endangered Species Act with two upcoming policy changes that ranching interests fear will greatly increase the law’s scope. In both cases, the Obama administration is attempting to resolve legal disputes over language in the act — and appears to side with arguments that would interpret its authority more broadly.
House Republicans introduce lawsuit-settlement bill. E&E News (sub req’d). Texas Republicans Bill Flores, John Carter, K. Michael Conaway and Mac Thornberry and New Mexico Republican Steve Pearce introduced H.R. 1314 as companion legislation to S. 19 that Sen. John Cornyn (R-Texas) introduced last month. The House bill would, among other things, require states and counties to approve settlements that affect them, before judges sign off on the agreements. It also aims to limit how much the Fish and Wildlife Service and other agencies can spend on lawsuits by preventing litigants from obtaining legal fees.
Local Congressmen, Others Introduce Endangered Species Act Lawsuit Reform. High Plains News. U.S. Congressmen Mac Thornberry, Bill Flores, John Carter, Mike Conaway and Steve Pearce introduced legislation, H.R. 1314, in the House last week to prevent costly lawsuit abuse related to the Endangered Species Act (ESA).
Group to sue over Endangered Species Act. UPI. The Center for Biological Diversity and Conservancy of Southwest Florida said it plans to sue the agency for violating the Endangered Species Act by granting the Florida Fish and Wildlife Conservation Commission the sole power to authorize activities that harm imperiled species without federal review.
State DWR requests delay of sage grouse designation. San Juan Record. A federal government plan to designate Gunnison sage grouse as an endangered species was the main issue again on March 25 at the San Juan County Commission meeting. Bill Bates, of the Utah Division of Wildlife Resources (DWR), reported that he had counted sage grouse on Monday morning. He saw nine males and a bunch of hens.
Lawmakers want gray wolf off endangered list. The Hill. “Unmanaged wolves are devastating to livestock and indigenous wildlife. Currently, state wildlife officials have their hands tied any time wolves are involved,” the lawmakers, led by Sens. Orrin Hatch (R-Utah) and John Barrasso (R-Wyo.) in the Senate and Reps. Cynthia Lummis (R-Wyo.) and Doc Hastings (R-Wash.) in the House.
TexMessage: Texas lawmakers fight to limit Endangered Species Act lawsuits. Houston Chronicle. Texas lawmakers have introduced legislation in the House and Senate to establish a new and improved procedure for claims against the Fish and Wildlife Service (FWS) based on the Endangered Species Act (ESA). The legislation will prevent environmental groups from using ESA lawsuits for economic gain, which representatives from Texas say is prevalent.
Interior Plans ‘Major Announcements’ Soon On Species Protection, Habitats, Official Says. Bloomberg BNA (sub req’d). The Interior Department is working to improve its planning to protect species and landscapes while allowing development and is preparing to announce policy modifications to advance those efforts, according to Deputy Interior Secretary David Hayes.
Conservation groups criticize BLM’s plan for Sage Grouse in Lander Field Office RMP. County 10. In a statement released by the Biodiversity Conservation Alliance, wildlife biologist Erik Molvar said his organization and the Western Watersheds Project believe sage grouse protections are inadequate in the Bureau of Land Management’s Resource Management Plan. Specifically, they said impacts to sage grouse winter habitat and measures to protect it had not been considered.
