Interior/WildEarth Guardians agree to analyze backlog of candidate Endangered Species

The list of species the federal government has been more or less forced to consider for ESA protection has been growing longer and longer over the years, and yet it acts very slowly, complaining that species are being added at too fast a rate. Much of the agency’s tiny budget was eaten up responding to new petitions and defending itself from lawsuits trying to force it to consider various species for ESA protection.

Yesterday, however, it was announced the Department of Interior had made a deal with WildEarth Guardians to analyze 251 species in the backlog over the next 6 years. Officials say this will help clear the backlog. In the last four years WildEarth Guardians was filed about 700 petitions to list species. With this deal, Guardians will be allowed to file only up to ten new ESA petitions a year. Guardians will also ask to have all its pending lawsuits in the matter dismissed.

There is no assurance the government will list any species in the agreement, although it is likely quite a few will end being listed. Some, such as the greater sage grouse, are much more controversial than others. The sage grouse is controversial because it has been heavily impacted by the politically potent livestock sector as well as oil, gas, and wind development.

This is an agreement only with Guardians and does not prevent any other group from filing petitions.

Under the ESA, it was not supposed to work this way. The law’s supporters expected the environment-conscious government would discover and list species on its own accord with citizen petititions to list a species serving only as backup. The reality has been much to the opposite, however.

This deal has yet to be approved by a federal judge.

Interior Dept. strikes deal to clear backlog on endangered species listings. By Juliet Eilperin. Washington Post.

Wild Earth Guardians web site on the agreement

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More on 5-12-2011. The deal includes the sage grouse. Felicity Barringer at the New York Times tells how the sage grouse got to where it is. A Bird’s Convoluted Conservation Odyssey

Judge overturns BLM grazing decision

This is what WWP calls “low hanging fruit”

Ely Sheep Grazing Allotments. The orange polygons represent bighorn sheep distribution and the red polygon represents the Warm Springs sheep trail. Click for larger view.

For the last several years I have been appealing grazing decision issued by the Ely District of the BLM and, over and over again, the District only considers alternatives which maintain the status quo even when they have identified problems on the allotments that are either caused by or exacerbated by livestock grazing.

The decision that was overturned and remanded back to the Ely District was for sheep grazing on 8 allotments encompassing 1.3 million acres of the Egan Field Office.  In their decision the BLM only considered two alternatives, one which would have renewed the previous 10-year decision without any changes; and one which would have renewed the permit with very minor changes in seasonal use, and placed very weak utilization standards on different components of the vegetation but kept the exact same number of grazing AUMs.  They didn’t consider a no grazing alternative or an alternative which would have reduced grazing levels at all.

Federal Judge Edward Lodge slaps BLM on Pahsimeroi grazing allotment decision

Total victory for Western Watersheds Project and Advocates for the West in four grazing allotments-

Idaho’ federal judge Ed Lodge rarely rules in favor of conservation groups, but the defective job the BLM did on these 4 grazing allotments provoked a complete victory for WWP and an strong rebuke to the manager of the BLM’s Challis Field Office, David Rosenkrance. Rosenkrance has been criticized for years for running an incestuous, good old boy operation in this beautiful, if degraded, potentially terrific  wildlife area. Fortunately last week was the end date for Rosenkrance in Idaho.  He has been moved off to the BLM in Colorado.

Judge Lodge ruled that all three of the plaintiff”s claims were valid: that BLM violated the law by not analyzing the impacts to endangered bull trout, by refusing to consider a no- or low- grazing alternative when evaluating the impacts, and by failing to study the cumulative impacts of grazing in the area.

I understand there are similar appeals out there that will succeed because of this decision.

Here is a link to decision at the Advocates for the West web site.

The high Pahsimeroi Mtns from the east (Pahsimeroi Valley). BLM Grouse Creek Allotment. Photo copyright Ralph Maughan

Here is an interactive Google Map of the 4 grazing allotments (created by Western Watersheds Project).

Update. An AP story just came out on the decision. Judge rules against BLM on Idaho grazing permits. By Keith Ridler. Jan. 10, 2011 By The Associated Press

Spring Valley, Nevada

Lenticular clouds over Spring Valley, NV ~ Fall 2010 Katie Fite, WWP

Where NOT to hastily site an Industrial-scale Wind Energy Project
Just north of Great Basin National Park, east of Ely in Eastern Nevada, lies a public landscape called Spring Valley.

Spring Valley is a miraculous place, renowned for its magnificent skies and as critical habitat for sagebrush obligate species such as sage grouse and pygmy rabbit.

Unfortunately, like so many obscure public places around the west, the innumerable environmental values Spring Valley harbors are under threat, ironically by so-called “green energy” projects.

In Canada Sage grouse on Path to Extinction

The Canadian provinces of Alberta and Saskatchewan are losing sage grouse fast.  So fast, that the birds may disappear entirely from the Canadian landscape.

Industry blamed for bird’s demise – Sage grouse on path to extinction – Edmonton Journal

Unrestrained gas development in southern Alberta could drive the sage grouse to extinction in this province within two years, says a University of Alberta scientist.

Mark Boyce has studied sage grouse since 1977,first in Wyoming and for the last decade in Alberta. He might be lacking a study subject soon, though. It’s estimated only 90 birds remain in the province.

Grousing at windmills

Vodpod videos no longer available.
Grousing at windmills | Need to Know | PBS

Wind resistance

Will the petrocracy — and greens — keep Wyoming from realizing its windy potential?

Wind power is not a popular thing in Wyoming for some and very popular for others. It is very unpopular for advocates for sage grouse and other birds.

Wind resistance.
High Country News

Sage grouse disappearing in S.D.

Only 1500 birds left in the state

Habitat destruction and fragmentation has caused a severe reduction in sage grouse numbers in South Dakota. Livestock grazing and energy development, especially wind, is a serious threat to the remaining birds there. The birds are behaviorally disposed to avoid tall vertical structures because they provide perches to predators.

Sage grouse disappearing in S.D.
JOHN POLLMANN • FOR THE ARGUS LEADER

Wyoming wind project offers grouse conservation plan

1000 turbine wind farm proposed in Wyoming “Core” Sage Grouse Habitat

Misplaced Wind Destroys Wildlife Habitat

It seems the Wyoming Governor’s “core” sage grouse habitat mapping doesn’t mean much. Removal of fencing or marking it with reflectors doesn’t get around the fact that there will be gigantic wind turbines in the middle of sage grouse habitat. Sage grouse don’t like such things and will likely quit using the area. But they will still call it “green” and people will buy it.

Wyoming wind project offers grouse conservation plan
By MATT JOYCE – Associated Press

Federal Agencies Sign Agreement to Protect Sage-Grouse Habitat

But they continue to ignore the biggest threat to their habitat……….. GRAZING.
$16 million in handouts for this year alone.

Sage grouse tracks © Katie Fite

The NRCS is handing out more money to ranchers for “habitat conservation” or “habitat improvement” projects that maintain grazing on public lands.

There are some projects such as fence removal that will be funded but the proposed seeding projects may require new fencing to keep livestock out for measly the 2 years they recommend and in some circumstances they call for applying herbicides to restrict the growth of sagebrush so that the seedlings can get a foothold.

So many times we’ve seen that these kinds of projects are co-opted by the livestock industry to be of more benefit to them rather than the values the funding was made available for. I doubt this will be any exception since they have made a concerted effort to deny that livestock have any role in sage-grouse habitat destruction.

Idaho Statesman’s opinion is save the sage grouse

[Statesman’s] View: It’s up to us: Act now to save an icon of the West-

Well this is good to hear, but the only thing that will save the grouse is to conserve the intact, already healthy sagebrush areas and to create some new ones. Other measures might help a little, but could well be mostly an effort to funnel money to those already well subsidized.

Statesman editorial.

9th Circuit overturns Molloy’s grazing decision on Antelope Basin

Good news for a pretty, but cattle hammered basin on the Idaho/Montana border-

Although those who only think about wolves suppose Federal Judge Molloy surely sides with conservation groups, he didn’t on this decision. Fortunately the 9th Circuit overturned his approval of a bad Forest Service grazing plan.

Here is the story in the Montana Standard, but the most informative one is in the Courthouse News Service. Court Orders Review of Montana Grazing Plan. By Elizabeth Banicki.

Antelope Basin in a wet year. July 1, 1995. Copyright Ralph Maughan

Western Watersheds Project Files Legal Challenge To Denial of Endangered Species Act Protections for Greater Sage-Grouse

For immediate release – March 8, 2010

Contact:	Jon Marvel, Executive Director, Western Watersheds Project – 208-788-2290
	Laird Lucas, Executive Director, Advocates for the West – 208-870-7621

In response to the announcement on Friday March 5 by Secretary of the Interior Ken Salazar that the listing of greater sage-grouse and two of its distinct population segments (Mono Basin and Eastern Washington) under the protections of the Endangered Species Act is “warranted but precluded”, Western Watersheds Project has filed litigation in federal District Court in Boise, Idaho challenging the “precluded” portion of the finding.

The litigation charges that the U.S. Fish and Wildlife Service and the Department of the Interior violated the Administrative Procedure Act and the Endangered Species Act by finding that the listing of greater sage-grouse is “precluded”.

“The Obama administration rightfully concluded that the greater sage-grouse fully qualify for the protections of the Endangered Species Act,” said Jon Marvel, executive director of Western Watersheds Project. “Unfortunately, the administration has violated the law in not listing sage-grouse at the same time.”

Nevada wildlife chief questions sage grouse decision

More worried about protecting industry than wildlife.

Mono Basin Sage Grouse

The Mono Basin sage grouse received a higher priority rating, a 3 on a scale of 1-12, as a candidate species than the larger populations elsewhere which received an 8 rating. Unbelievably the Chief of the Nevada Division of wildlife expressed greater concern about the industries that would be affected. That shows you what that agency’s priorities are.

“Ken Mayer, director of the Nevada Department of Wildlife, said the decision could affect mining, ranching and other activities in a wide area generally around the Mono Basin.”

Sage grouse in this area have declined greatly and have become greatly isolated not only from the larger populations but from each other. Frankly, these grouse should have been listed as threatened, if not endangered, due to their very low population levels and the threats that face them in the future. Notice that there is a proposed mine in the middle of one of the largest population areas.

Nev. wildlife chief questions sage grouse decision
By MARTIN GRIFFITH, Associated Press Writer

Sage Grouse & WWP May Be Headed Back to Court !?

~ Jon Marvel

Friends,

Sage grouse take flight, Bruneau uplands, Idaho photo © Ken Cole, WWP

Today, in response to successful litigation brought by Western Watersheds Project and our attorneys at Advocates For The West, Secretary of the Interior Ken Salazar announced Greater Sage Grouse would not be protected by listing the species under the protections of the Endangered Species Act.

The Secretary did acknowledge that listing was warranted but was precluded by other species with a higher priority for protection.

The decision not to list Greater Sage Grouse is in response to a great deal of political pressure from western states and extractive industries including oil. gas and renewable energy development interests as well as traditional uses like livestock grazing and energy transmission facilities.

Video of Sage Grouse

Western Watersheds Project will review the U.S. Fish and Wildlife Service support documents for this decision and determine if the agency has complied with the law.

If it is clear that the law has been violated, WWP will then decide if additional litigation would be helpful to protect this disappearing species in the American west.

Interior: Grouse listing warranted but precluded

Interior: Grouse listing warranted but precluded
By MEAD GRUVER (AP)

Sage Grouse Decision Will be Announced Today

Announcement scheduled for 1:30 EST Friday

Sage grouse in flight, Bruneau uplands © Ken Cole 2008

Interior to announce sage grouse finding Friday
By MEAD GRUVER (AP)

Of course those opposed to listing the bird as threatened or endangered under the Endangered Species Act are coming up with worn out one liners in anticipation of the decision.

“The only good place for a sage grouse to be listed is on the menu of a French bistro,” said Rep. Jason Chaffetz, R-UT.

Westerners grouse over more proposed land restrictions
By: Barbara Hollingsworth

Big impact on West, if sage grouse is recommended as protected species
By Craig Welch
Seattle Times environment reporter

Current Grouse Distribution

Fish and Wildlife director’s death prompts week delay in sage grouse decision

Huge sage grouse listing decision delayed by the death of Sam Hamilton-

Don’t know how many caught the article posted on the sudden heart disease death of Obama’s director of the U.S. Fish and Wildlife Service? Anyway, the decision whether to put the sage grouse on the list has been delayed briefly. It was to come this Friday.

A year ago federal judge Lynn Winmill ordered USFWS to reevaluate their earlier denial to list this bird.

Sage grouse are “sagebrush obligate”. I learned this word a couple years ago. It means “depends on, cannot exist without” — the bird needs sagebrush absolutely for sure.

This shrubby emblem of the West isn’t doing well, at least in healthy continuous stands with the right kind of open spots, called “leks.”

Judge Winmill responded in favor of a suit by Western Watersheds project and Advocates for West because former assistant secretary of interior Julie MacDonald (under Bush) had admitted manipulating  the findings of DOI scientists — changing their recommendations on a whole  bunch of species. She admitted it herself. Many species have since gotten a new look by USFWS. The real biggie though is the sage grouse. That’s because it involves so much public land. Putting the bird on the list will impact off-road vehicles, grazing, oil and gas, geothermal, wind power development, electric transmission lines, and road building.

Livestock grazing is probably the biggest on-going problem. To public land grazers the colorful bird must seem like a strutting version of the devil.

Range fires fueled by cheatgrass and BLM plantings of non-native crested wheatgrass have destroyed several million ares of good habitat in the last 5 years.

Whatever outcome, this is major stuff.

Fish and Wildlife director’s death prompts week delay in sage grouse decision. By Rocky Barker. Idaho Statesman.

This map gives you an idea of magnitude of land affected.

2010. Year of the grouse?

Yes, the sage grouse is likely to get protection under the Endangered Species Act-

Wyoming waits anxiously for federal decision on bird. Year of the grouse? By Dustin Bleizeffer. Casper Star-Tribune energy reporter.

. . .  an amazing quote!

“Industry and conservation leaders alike seem to agree that the restrictions of such a listing would have a chilling effect on the agriculture and minerals industries, which are the foundation of Wyoming’s economy . . . .” ‘I would love to believe we will not see a listing. But I am not as optimistic as I’d like to be,’ said Walt Gasson, executive director of the Wyoming Wildlife Federation.” [emphasis added]

The conservation groups haven’t been co-opted or anything. Yeh, give them a contribution.  😦

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More on sage grouse today. Wyoming BLM issues sage grouse guidelines. By Mead Gruver. Associated Press Writer.

Groups target Nevada predators

Mountain lions, coyotes, badgers, skunks and ravens will all be targeted in an effort to improve deer and sage grouse survival using $866,000 from the Nevada Department of Wildlife’s Heritage fund.

Rather than tackle the main issues related to sage grouse declines, livestock grazing, sagebrush killing projects, and energy developments, groups in Nevada are going after predators instead. Guess who will do the killing? Wildlife Services.

Just another subsidy to the livestock industry.

Groups target Nevada predators
JEFF DELONG – RGJ.com

Sage Grouse © Ken Cole

Construction of big WY wind farm put indefinitely on hold

Construction of farm in core sage grouse country presents too many unknowns-

Wind Farm put on hold. By Dustin Bleizeffer. Casper Star-Tribune energy reporter.

It’s good see them taking the sage grouse issue seriously. Folks will recall WWP has a lawsuit on 30-million acres of sage grouse country.

Wind power industry and Western States create sage grouse research plan

Like so many other developments in what was  “sagebrush sea,” wind power impacts sage grouse-

I think that to the energy industry and many folks, including most Western politicians, the non-forested open spaces are just empty space where they could put “stuff.” The declining presence of sage grouse, and no doubt other wildlife in the face of this development is slowing down their plans.

Wind energy industry sets sage grouse research plan. By Dustin Bleizeffer. Casper Star-Tribune energy reporter
Just added ! Wildlife groups hail Canadian court ruling on sage-grouse. CBC News.

Losing Sagebrush

The Button Valley Bugle writes a nice piece about the sage-steppe ecosystem.  It also includes a remarkable photo of Prairie Wind Farm which illustrates the conundrum concerning new energy but continued habitat degradation/fragmentation.  Check it out :

Sagebrush Rebellion – The Button Valley Bugle

We have lost over half of our sagebrush ecosystems and yet, we continue to find new ways to threaten sagebrush habitats. Coal, gas and oil development across the western states threatens, fragments and endangers the “sagebrush sea” and now we plan large wind farms and solar developments that will present even more problems for these same habitats.

Federal sage grouse listing may go to 2010

Idaho population continues to plummet.

Sage grouse in flight, Bruneau uplands © Ken Cole 2008

The U.S. Fish and Wildlife Service has received more time to make their decision about whether the greater sage grouse will be listed as a endangered or threatened species under the Endangered Species Act. If listing occurs there could be profound changes in how vast areas of public lands are managed.

Federal sage grouse listing may go to 2010
By Nate Poppino
Times-News writer

Judge rejects splitting up suit over Western bird

BLM Resource Management Litigation hits “World News”

Update May 13:  The Salt Lake Tribune publishes an important Editorial on the recent news: Saving sage grouse :

A funny-looking bird that fluffs its feathers to dance an elaborate mating rite just might be able to accomplish what well-funded environmental groups have been struggling to do for decades: bring about regional protection of vast swaths of Western lands.[…]

[…]In protecting the sage grouse, we protect ourselves and the scenic wonders we treasure from the headlong rush to extract more fossil fuels, to pollute our air, and to mar our most fragile landscapes with excessive ATV traffic.

The Guardian is running Todd Dvorak’s piece on WWP’s recent successful argument in federal court to keep its West-wide comprehensive litigation in one courtroom :

Judge rejects splitting up suit over Western bird – Guardian vi AP

The New York Times ran a clip of the piece as well .

This ambitious case is a big deal and promises to be a headache for Interior Secretary Ken Salazar, whose promise to clean up Interior is being tested by the suit in a manner that moves beyond photo-ops and talking-points.

Will Salazar do the right thing for Western public landscapes and wildlife for real ?

Bush BLM’s environmental legacy on trial; Will Salazar listen ?

Scope of litigation - map © Advocates for the West & Conservation Geography - click to view enlarged map

Judge B Lynne Winmill ruled in favor of Western Watersheds Project ordering that the group’s comprehensive challenge of over 16 Resource Management Plans, directing management of over 30 million acres, can be litigated in his single court.

Resource Management Plans (RMPs) guide management of livestock grazing, off road vehicles, energy development, and other potentially environmentally harmful administered uses of public land.

WWP argues that Bush BLM’s collective Resource Management Plans constitute a systemic effort to undermine fundamental environmental laws of the United States thereby threatening many imperiled species using the example of mismanagement and failure to consider impact to sage grouse – an imperiled landscape indicator species (‘canary in the coal-mine’ of sage-steppe habitat) across millions of acres.

Earth satellites tell the truth: Grazing threatens wildlife habitat in West

“. . . ubiquitous public lands grazing has contributed to the decline of native wildlife,” concludes the report entitled ‘Western Wildlife Under Hoof’.”

Wildearth Guardians has used satellite images and public land records to show the massive damage grazing of sheep and cattle does to the soil, water, forage, and wildlife of our public lands, including the spread of non-native invasive weeds.

Study: Grazing threatens wildlife habitat in West by Scott Sonner. Associated Press

Lawyers ask judge to split sweeping grazing suit

Scope of litigation - map © Advocates for the West & Conservation Geography

This morning arguments were heard in federal court concerning a Justice Department’s motion to split up WWP’s giant (over 25 million acre) BLM lawsuit into several district courts rather than to have one judge hear the case.

Lawyers ask judge to split sweeping grazing suit – Todd Dvorak, Associated Press

Laird Lucas, WWP’s lawyer and Executive Director of Advocates for the West, refuted the government’s motion to split the case :

Laird argued :