Issues

Western Counties Contemplating Legal Action on Sage Grouse. Counties in Colorado and Nevada are considering pursuing legal measures in response to federal government action in relation to sage grouse listings under the Endangered Species Act (ESA).

In Colorado, several counties are considering drafting notices of intent to sue over the federal government’s listing of the Gunnison sage-grouse as threatened under the ESA, one week after the state filed its own lawsuit in federal court against the U.S. Department of Interior (DOI) and the U.S. Fish and Wildlife Service (FWS). Montrose County, for example, is considering signing a notice of intent to sue the Service over the agency’s decision to list the Gunnison sage-grouse. Mesa County has also already drafted its notice of intent.

Over in Elko County, Nevada, state leaders also debated joining a lawsuit against FWS regarding the potential listing of the Greater sage-grouse. The plaintiffs, including oil and gas industry associations and other Western counties, allege that the federal government has not used the “best available science” in deciding whether to list the bird as endangered. The FWS is scheduled to make a decision about the Greater sage-grouse listing in the fall of 2015.

Oregon Chub Becomes First Fish to be Removed from Endangered List. On Tuesday, the U.S. Fish and Wildlife Service (FWS) announced it was removing the Oregon chub, a small minnow native to western Oregon, from protection under the Endangered Species Act (ESA). The chub, which was classified as endangered in 1993 and re-listed as threatened in 2010, is the first fish to ever be removed from the endangered species list.

As Reuters reported, this achievement was made possible by recovery efforts including “restoring water flows, floodplain reconstruction and stocking in private ponds.” These recovery efforts also show that local habitat conservation efforts can succeed. As Paul Henson, Oregon supervisor with FWS stated, “This shows the public that you can recover species and do it in a way that works with local communities in a positive way, as opposed to being a contentious big event.”

Forums on Lesser Prairie Chicken Held in Kansas. The Kansas Farm Bureau is holding a series of public meetings in areas containing Lesser Prairie Chicken habitat as part of the “Stop Fowl Play” coalition, an effort to prevent the bird from being listed as endangered under the Endangered Species Act (ESA).

While the U.S. Fish and Wildlife Service (FWS) listed the species as threatened in March 2014, the Center for Biological Diversity has filed a lawsuit against FWS to reclassify the Lesser Prairie Chicken as endangered. According to the Kansas Farm Bureau, “If the bird is listed as endangered … the livelihoods of farmers and ranchers and their rural communities will be significantly and negatively affected.”

Other Kansas officials are also working to delist the Lesser Prairie Chicken. In January, Sen. Jerry Moran (R-KS) sponsored an amendment to a bill approving the Keystone XL pipeline that would have removed the threatened ESA listing. While the bill did not pass, Sen. Moran stated, “I am confident there are ways to conserve the species without hindering economic development in rural communities, and I will continue to push for this straightforward, simple solution.”

Idaho proposes Greater Sage-Grouse Conservation Measures. The Idaho Department of Lands has proposed a conservation plan to protect the Greater sage-grouse in an effort to prevent the bird from being listed under the federal Endangered Species Act (ESA). The department created the draft plan in response to a request by the U.S. Fish and Wildlife Service (FWS) for all 11 states containing sage-grouse habitat to develop practices to save a total of eight million acres the bird’s habitat range.

The plan includes a budget of $750,000 for sage-grouse conservation activities, including money aimed to improve firefighting abilities in the region to protect the grouse’s habitat. According to the Idaho Petroleum Council, the Land Board and Oil and Gas Conservation Commission will also vote to approve portions of the plan. Feedback on the draft plan is due by March 2, 2015.

In the News

How A Tiny Bat Might Interrupt A Massive Oil Pipeline. Popular Science. A bat that may soon be added to the Endangered Species List could interrupt plans for a new oil pipeline in the Midwest. The proposed Sandpiper oil pipeline, intended to carry crude oil from South Dakota to Wisconsin, is nowhere near as big or controversial as Keystone XL. But it’s another flash point in the fight between sensitive wild animals and the oil and gas industry. The potential pipeline would run 150 miles through the habitat of the northern long-eared bat, which has been decimated by white nose syndrome. Federal officials are about to determine whether it should be listed as threatened or endangered, after a series of meetings and public-comment periods last fall. Their deadline is April 2, but officials think the decision might come sooner, according to a report by Minnesota Public Radio.

Endangered Species Harmed Because Of Keystone XL Delay. Daily Caller, Op-Ed. The unfolding disaster in West Virginia, in which a train transporting oil derailed, caught fire and is spilling oil into the Kanawha River, likely could have been prevented if more oil pipelines were approved — most notably the much-delayed Keystone XL pipeline. While the oil spill will have many negative environmental impacts, especially hard hit will be the five species of freshwater mussels that are listed under the Endangered Species Act and live in the Kanawha River.

BLM lease sale in Wyo. sparks sage grouse concerns. E&E News (sub req’d). Environmentalists say they will protest a planned oil and natural gas lease sale on federal lands in north-central Wyoming this summer that includes parcels within designated core greater sage grouse areas that are viewed as critical to the survival of the imperiled bird. But the Bureau of Land Management says there are adequate protections in place for the sage grouse if any of the 33 parcels covering 41,000 acres that are inside the core areas are leased for oil and gas development. At issue is BLM’s scheduled Aug. 4 lease sale involving more than 100 parcels covering about 115,000 acres of federal lands across Wyoming.

FWS reluctantly reinstates protections for gray wolves. E&E News (sub req’d). The Fish and Wildlife Service today said it will comply with recent federal court rulings to reinstate Endangered Species Act protections for gray wolves in Wyoming and western Great Lakes states. The rulings overturned FWS decisions to remove wolves in those states from the Federal List of Endangered and Threatened Animals. When the U.S. District Court for the District of Columbia in December ordered FWS to reverse its 2011 decision to delist gray wolves in Minnesota, Wisconsin and Michigan, the agency said it would discuss its legal options with the Justice Department, as well as the affected states (Greenwire, Dec. 22, 2014). NOTE: Milwaukee Journal Sentinel also reports.

Green group sues over protections for fish, mussel. E&E News (sub req’d). The Center for Biological Diversity is pressuring federal regulators to protect three freshwater species in the Southeast, filing a lawsuit today that accuses the Fish and Wildlife Service of not acting quickly enough. The lawsuit is the latest in CBD’s efforts to protect more species under the Endangered Species Act. Under a 2011 settlement agreement, FWS must decide whether to list hundreds of species over the next few years — and CBD is allowed to push for 10 specific listing decisions each year.

USDA praises department efforts for sage grouse. Rapid City Journal. The United States Department of Agriculture (USDA) last week issued a report showing that since 2010, USDA and its partners in the Sage Grouse Initiative (SGI) have worked with private landowners to restore 4.4 million acres of habitat for sage grouse while maintaining working landscapes across the west. In Northwest South Dakota, Butte and Harding counties, there are significant numbers of sage grouse areas identified by federal officials.

Protecting greater sage grouse will help the West. Denver Post, Op-Ed. Before too long, and after much debate and public input, the Obama administration will issue recommendations for the management of approximately 50 million acres of sagebrush habitat across 10 states. Interior Secretary Sally Jewell has now said her agency is “moving full steam ahead” on 14 plans currently under consideration. While the driving force is the future of the charismatic greater sage-grouse, what’s really at stake is a way of life for all of us who call the West our home.

White-nose syndrome threatens bat population. Utica Observer-Dispatch. In New York — and 24 other states — bats are dying in droves. Since white-nose syndrome first was discovered in Schoharie County in 2006, about one million little brown bats have died in New York alone. That’s about a 90 percent decline in the population of what used to be the state’s most common bat. And, another of New York’s six hibernating bat species, the northern long-eared bat, could be listed as endangered as early as April. It’s seen an almost 99 percent decline in population.