Lawsuit Targets Trump’s Slashing of Protections at Utah’s Grand Staircase-Escalante

     by Center for Biological Diversity

WASHINGTON —Hours after President Donald Trump issued a proclamation taking an axe to Grand Staircase-Escalante National Monument in Utah, conservation organizations today filed a lawsuit attacking the order as an abuse of the president’s power. Earthjustice is representing eight organizations in a suit charging that the president violated the 1906 Antiquities Act by stripping monument protections from this national treasure: The Wilderness Society, the Grand Canyon Trust, the Sierra Club, Defenders of Wildlife, Great Old Broads for Wilderness, Center for Biological Diversity, WildEarth Guardians and Western Watersheds Project. The Southern Utah Wilderness Alliance and Natural Resources Defense Council are co-plaintiffs in the lawsuit and represented by in-house counsel.

“President Trump has perpetrated a terrible violation of America’s public lands and heritage by going after this dinosaur treasure trove,” said Heidi McIntosh, managing attorney in Earthjustice’s Rocky Mountains office. “While past presidents have used the Antiquities Act to protect unique lands and cultural sites in America, Trump is instead mangling the law, opening this national monument to coal mining instead of protecting its scientific, historic, and wild heritage. We will not let this stand. We will use the power of the law to stop Trump’s illegal actions.”

The Grand Staircase-Escalante contains dinosaur fossils found nowhere else in the world. Since its designation, 21 new dinosaur species have been unearthed by scientists in the monument, leading some to call these lands a “Dinosaur Shangri-la,” and a “geologic wonderland.” Grand Staircase holds one of the richest collections of fossils from the Late Cretaceous Period, which gives scientists and the public alike an unparalleled window into the dinosaurs that lived in these lands 10 million years ago. In mid-October, scientists airlifted one of the most complete tyrannosaur skeletons ever found out of Grand Staircase. These fossils are largely found in the Kaiparowits Plateau, where the coal industry has long coveted access for coal mining that would wreak havoc on this dinosaur treasure trove that belongs to the American people.

“I’m a resident of Kanab, and there are a lot of local businesses that are completely dependent on tourism related to Grand Staircase-Escalante,” said Laura Welp of Western Watersheds Project, and a former BLM botanist at Grand Staircase-Escalante National Monument. “The entire ‘staircase’ of spectacular geological layers, with its world-class fossil resources, deserves to be protected intact from the threat of coal mining and other types of commercial exploitation.”

President Trump’s executive order to revoke and replace Grand Staircase-Escalante National Monument came on the heels of a review conducted by Interior Secretary Ryan Zinke. Over 2.7 million Americans voiced their support for national monuments across the country, and public participation in the comment period was overwhelmingly in favor of keeping these public lands and waters protected just as they are.

“President Trump is attempting an unauthorized remodel of the Grand Staircase, knocking out not only geologic steps but cornerstones of the evolution of species, human history, and our cultural heritage as well,” said Tim Peterson, Utah Wildlands program director with the Grand Canyon Trust. “We’ve spent 20 years working to preserve Grand Staircase, and now we’re asking the courts to help us reconstruct what was torn down today.”

“The Trump administration’s effort to sell out our public lands is deeply unpopular and goes against American values,” said Michael Brune, executive director of the Sierra Club. “We will work to ensure our lands and waters remain open to the public and protected for future generations to explore and enjoy.”

“For more than two decades, through Democratic and Republican Administrations alike, we have worked with the BLM, paleontologists, local landowners, ranchers and business owners to ensure the monument’s resources are protected,” said Nada Culver, senior counsel for The Wilderness Society. “This unlawful, short-sighted action by President Trump is an affront to that collaborative work happening and to the benefits the monument provides to research, the local economy, and all Americans.”

“Despite the call for public comments, Trump never cared that we, the public, wanted him to keep his hands off our monuments,” said Chris Krupp, public earth guardian at WildEarth Guardians. “He’s not concerned with those of us that camp, hike, fish and hunt. He’d rather give another handout to oil, gas and coal companies.”

President Bill Clinton protected the lands of Grand Staircase as a national monument on Sept. 18, 1996 using the Antiquities Act, a century-old law that has been used by 16 presidents since Theodore Roosevelt to protect some of our nation’s most cherished landscapes and cultural heritage. Congress enacted the law in 1906, granting presidents the authority to create national monuments on federal lands to protect significant natural, cultural, historic or scientific features. The Antiquities Act does not, however, grant presidents the authority to diminish or rescind the monument designations of their predecessors.

“Grand Staircase is a cradle of biodiversity and losing even an acre would be a crime,” said Taylor McKinnon of the Center for Biological Diversity. “Scientists have identified nearly four dozen new species of butterflies here. We must protect this monument’s wildlife, stunning landscapes and cultural treasures for future generations. Trump and the fossil-fuel industry have picked the wrong battle.”

“If the Trump administration thinks Grand Staircase-Escalante can be sold out without a fight, they’re in for a huge surprise,” said Jamie Rappaport Clark, president and CEO of Defenders of Wildlife. “We’ll be seeing them in court.”

“The Trump administration has ignored overwhelming support for the monument. It’s a punch in the face to local businesses who support it, and all of us who treasure it,” said Shelley Silbert, executive director of Great Old Broads for Wilderness. “Our organization got its start in the Escalante Canyons nearly three decades ago and we’ve worked tirelessly for proper management of the national monument since its designation. We will fight this illegal action to take any portion of this monument away from the American people.”

“Americans from across the nation should be outraged by President Trump’s unlawful attempt to eviscerate the Grand Staircase-Escalante National Monument, one of our country’s wildest and most scientifically significant federal public landscapes,” said Stephen Bloch, legal director for the Southern Utah Wilderness Alliance, Utah’s largest conservation organization. “No one will look back on this decision in 15, 25 or 50 years and say Trump did the right thing by protecting less of this magnificent place. And by promoting this illegal act, Utah’s parochial congressional delegation and local politicians have firmly come down on the wrong side of history.”

After President Clinton designated Grand Staircase, an intricate land swap between the state and federal government was completed. Congress passed legislation modifying the monument’s boundaries in 1998 and then approved a land swap in which the state of Utah received 145,000 acres of mineral-rich federal lands and $50 million from the federal treasury. That $50 million has since gone to support Utah’s public schools, and the swap would be incredibly difficult to unravel. The Utah School and Institutional Trust Lands Administration established the Land Exchange Distribution Account to dole out the proceeds from these state-federal trades. At least 27 Utah counties have since received a total of $441 million.

Grand Staircase-Escalante has proven a tourism and economic boon for Southern Utah since its designation. Between 2001 and 2015, the population in the two counties bordering Grand Staircase grew by 13 percent, jobs increased 24 percent and real personal income grew 32 percent. Travel and tourism boomed in the region, offering 1,630 jobs around Grand Staircase. In the big picture, recreation from adventure-seekers, hikers, amateur geologists and families simply getting outdoors now funnels more than $12 billion into Utah’s economy.

Lawsuit Filed Against Federal Wildlife-killing Program in California

     by Center for Biological Diversity

SAN FRANCISCO— Conservationists sued the U.S. Department of Agriculture’s Wildlife Services program today over its outdated wildlife-killing plan for Northern California.

The lawsuit, filed in San Francisco federal court, seeks an updated environmental analysis of the program’s killing of native wildlife including coyotes, bobcats and foxes.

“Wildlife Services’ cruel killing practices are ineffective, environmentally harmful and totally out of touch with science,” said Collette Adkins, a Center for Biological Diversity attorney representing the conservation groups involved in the lawsuit. “It’s long past time that Wildlife Services joined the 21st century and updated its practices to stop the mass extermination of animals. Nonlethal methods for dealing with human-wildlife conflicts have been shown to work. We have no choice but to sue the agency and force a closer look at those alternatives.”

Wildlife Services is a multimillion-dollar federal program that uses painful leghold traps, strangulation snares, poisons and aerial gunning to kill wolves, coyotes, cougars, birds and other wild animals — primarily to benefit the agriculture industry.

Last year the program reported that it killed 1.6 million native animals nationwide, including 3,893 coyotes,142 foxes, 83 black bears, 18 bobcats and thousands of other creatures in California. Nontarget animals — including protected wildlife like wolves, Pacific fisher and eagles — are also at risk from Wildlife Services’ indiscriminate methods.

“Killing native wildlife at the behest of the ranching industry is morally unconscionable and scientifically unsound,” said Erik Molvar of Western Watersheds Project. “Carnivores play an important ecological role, and exterminating them upsets the balance of nature. We should leave the wildlife alone and change ranching practices instead.”

“Wildlife Services is acting in clear violation of the law,” said Tara Zuardo, Animal Welfare Institute wildlife attorney. “The agency cannot be allowed to continue haphazardly and cruelly kill thousands of wild animals in Northern California each year without weighing more humane alternatives.”

The National Environmental Policy Act (NEPA) requires Wildlife Services to rigorously examine the environmental effects of killing wildlife and to consider alternatives that rely on proven nonlethal methods to avoid wildlife conflicts. But the wildlife-killing program’s environmental analysis for Northern California is more than 20 years old. According to the complaint filed today, Wildlife Services must use recent information to analyze the impacts of its wildlife-killing program on the environment and California’s unique wild places.

“NEPA requires that federal agencies use the best available science in analyzing the impacts of their programs, and we believe Wildlife Services has failed to do this and has in fact cherry-picked their science to meet their goals,” stated Camilla Fox, founder and executive director of Project Coyote. “Moreover, they must consider alternatives to indiscriminate killing and analyze the site-specific and cumulative impacts that killing large numbers of wild animals has on the diversity and integrity of healthy ecosystems.”

Today’s lawsuit is brought by the Center for Biological Diversity, Western Watersheds Project, the Animal Legal Defense Fund, Project Coyote, the Animal Welfare Institute and WildEarth Guardians. It targets Wildlife Services’ program in California’s North District, which includes Butte, Humboldt, Lassen, Mendocino, Modoc, Nevada, Plumas, Sierra, Shasta, Siskiyou, Sutter, Trinity and Yuba counties.

Trump’s Border Wall Threatens 93 Endangered Species

Trump’s Border Wall Threatens 93 Endangered Species

     by Center for Biological Diversity

TUCSON, AZ— President Trump’s border wall threatens 93 endangered and threatened species, including jaguars, ocelots, Mexican gray wolves and cactus ferruginous pygmy owls, according to a new study by the Center for Biological Diversity.

The study also found that 25 threatened or endangered species have designated “critical habitat” on the border, including more than 2 million acres within 50 miles of the border.

“Trump’s border wall is a disaster for people and wildlife alike,” said Noah Greenwald, endangered species director at the Center. “It could drive magnificent species like the jaguar and ocelot to extinction in the United States.”

The new study identified all threatened, endangered and “candidate” species (those being considered for protection) that have ranges near or crossing the border. These include 57 endangered species, 24 threatened species, 10 species under consideration for protection and two species of concern, golden and bald eagles. Construction of Trump’s 1,200-mile wall — along with related infrastructure and enforcement — will have far-reaching consequences for wildlife, including cutting off migration corridors, reducing genetic diversity, destroying habitat, and adding vehicles, noise and lights to vast stretches of the wild borderlands.

“The border wall won’t be effective at stopping people seeking a better life from getting to this country, but it will destroy habitat and divide wildlife populations,” Greenwald said. “Building a wall across the entirety of the border would cause massive damage to one of the most biologically diverse regions in North America and would be a boondoggle of the highest order.”

The sections of border wall that have already been built have had a range of negative effects on wildlife, including direct destruction of thousands of acres of habitat, indirect impacts from noise and light pollution, and division of cross-border wildlife populations like bighorn sheep and jaguars. The border wall would cut through the Cabeza Prieta, Buenos Aires and several other national wildlife refuges, along with Organ Pipe Cactus National Monument, Big Bend National Park and many other natural areas that, besides acting as corridors for wildlife, are national treasures.

Last month the Center and Congressman Raúl M. Grijalva (D-Ariz.), the ranking member of the House Committee on Natural Resources, sued the Trump administration over the proposed border wall and other border security measures, calling on federal agencies to conduct an in-depth investigation of the proposal’s environmental impacts.

The suit, filed in the U.S. District Court for the District of Arizona, is the first targeting the Trump administration’s plan to vastly expand and militarize the U.S.-Mexico border, including construction of a “great wall.”

Lawsuit Targets Trump’s Border Wall, Enforcement Program

     by Center for Biological Diversity

TUCSON, Ariz.— The Center for Biological Diversity and Congressman Raúl M. Grijalva, who serves as ranking member of the House Committee on Natural Resources, today sued the Trump administration over the proposed border wall and other border security measures, calling on federal agencies to conduct an in-depth investigation of the proposal’s environmental impacts.

Today’s suit, filed in the U.S. District Court for the District of Arizona, is the first targeting the Trump administration’s plan to vastly expand and militarize the U.S.-Mexico border, including construction of a “great wall.”

“Trump’s border wall will divide and destroy the incredible communities and wild landscapes along the border,” said Kierán Suckling, the Center’s executive director.

“Endangered species like jaguars and ocelots don’t observe international boundaries and should not be sacrificed for unnecessary border militarization. Their survival and recovery depends on being able to move long distances across the landscape and repopulate places on both sides of the border where they’ve lived for thousands of years.”

The lawsuit seeks to require the U.S. Department of Homeland Security and U.S. Customs and Border Protection to prepare a supplemental “programmatic environmental impact statement” for the U.S.-Mexico border enforcement program.

The program includes Trump’s proposed wall as well as road construction, off-road vehicle patrols, installation of high-intensity lighting, construction of base camps and checkpoints, and other activities. These actions significantly impact the borderlands environment stretching from the Pacific Ocean to the Gulf of Mexico, which is home to millions of people, endangered species like jaguars and Mexican gray wolves, and protected federal lands like Big Bend National Park and Organ Pipe Cactus National Monument.

“American environmental laws are some of the oldest and strongest in the world, and they should apply to the borderlands just as they do everywhere else,” Grijalva said. “These laws exist to protect the health and well-being of our people, our wildlife, and the places they live. Trump’s wall — and his fanatical approach to our southern border — will do little more than perpetuate human suffering while irrevocably damaging our public lands and the wildlife that depend on them.”

Congressman Grijalva’s district is the largest Congressional district in Arizona and includes approximately 300 miles of the U.S./Mexico border.

If successful, today’s lawsuit would require the Trump administration to undertake a comprehensive review of the social, economic and environmental costs of the border wall.

Background
The National Environmental Policy Act requires that federal agencies conduct environmental review of a major federal action or program that significantly affects the quality of the human environment.

The Immigration and Naturalization Service — the precursor to the Department of Homeland Security — last updated the “programmatic environmental impact statement” for the U.S.-Mexico border enforcement program in 2001. That review identified the potential impacts of border enforcement operations, including limited border wall construction, on wildlife and endangered species in particular as a significant issue.  The 2001 analysis was intended to be effective for five years but has never been updated.

In the 16 years since, the U.S.-Mexico border enforcement program and associated environmental impacts have expanded well beyond the predictions of that document, with deployment of thousands of new border agents, construction of hundreds of miles of border walls and fences, construction and reconstruction of thousands of miles of roads, installation of base camps and other military and security infrastructure, among numerous other actions.

During that same time, scientific understanding of the impacts of border walls and other border enforcement activities on wildlife and endangered species including jaguars, ocelots, Mexican gray wolves and cactus ferruginous pygmy owls has advanced significantly. The U.S. Fish and Wildlife Service has also designated “critical habitat” under the Endangered Species Act within 50 miles of the U.S.-Mexico border for more than 25 species since the outdated 2001 analysis was prepared.

Meanwhile, the number of undocumented migrants moving through the southwestern borderlands is at a historic low, and the border is more secure than it’s ever been.

2.7 Million Animals Killed by Federal Wildlife-destruction Program in 2016

2.7 Million Animals Killed by Federal Wildlife-destruction Program in 2016

     by Center for Biological Diversity

WASHINGTON— The highly secretive arm of the U.S. Department of Agriculture known as Wildlife Services killed more than 2.7 million animals during 2016, according to new data from the agency.

The multimillion-dollar federal program targets wolves, cougars, birds and other wild animals for destruction — primarily to benefit the agriculture industry. Of the 2.7 million animals killed last year, nearly 1.6 million were native wildlife species.

According to the latest kill report, the program last year destroyed 415 gray wolves; 76,963 adult coyotes, plus an unknown number of coyote pups in 430 destroyed dens; 407 black bears; 334 mountain lions; 997 bobcats; 535 river otters, including 415 killed “unintentionally”; 3,791 foxes, plus an unknown number of fox pups in 128 dens; and 21,184 beavers.

The program also killed 14,654 prairie dogs outright, as well as an unknown number killed in more than 68,000 burrows that were destroyed or fumigated. These figures almost certainly underestimate the actual number of animals killed, as program insiders have revealed that Wildlife Services kills many more animals than it reports.

“Despite mounting public outcry to reform these barbaric, outdated tactics, Wildlife Services continues its taxpayer-funded slaughter of America’s wildlife,” said Collette Adkins, a biologist and attorney at the Center for Biological Diversity. “There’s simply no scientific basis for continuing to shoot, poison and strangle millions of animals every year. These cruel practices not only fail to effectively manage targeted wildlife but also pose ongoing threats to other animals, including endangered species and pets.”

According to the new data, the wildlife-killing program unintentionally killed 2,790 animals last year, including badgers, bears, bobcats, foxes, muskrats, otters, porcupines, raccoons, skunks, turtles and more. Such data reveals the indiscriminate nature of painful leg-hold traps, strangulation snares, poisons and other methods used by federal agents.

Earlier this month a young, endangered male wolf known as OR-48, died an agonizing death in northeast Oregon after taking the scented bait from a cyanide trap put out by the federal wildlife killers. The program’s brutality has fueled growing public outcry and calls for reform by scientists, elected officials and nongovernmental organizations.

“The Department of Agriculture needs to get out of the wildlife-slaughter business,” said Adkins. “Wolves, bears and other carnivores help keep the natural balance of their ecosystems. Our government kills off the predators, such as coyotes, and then kills off their prey — like prairie dogs — in an absurd, pointless cycle of violence.”

The wildlife-killing program contributed to the decline of gray wolvesMexican wolvesblack-footed ferretsblack-tailed prairie dogs and other imperiled species during the first half of the 1900s and continues to impede their recovery today.