On Monday, (June 25) our attorneys at Friends of Animals informed BFC that the US Fish & Wildlife Service has withdrawn their appeal, and Buffalo Field Campaign and Western Watersheds Project’s lawsuit victory will stand.
On January 31, 2018, U.S. District Court Judge Christopher R. Cooper ruled the Service violated the Endangered Species Act in finding that the imperiled bison did not warrant protection under the Act. With their appeal officially withdrawn, the Service now has to issue a new 90-day finding consistent with Judge Cooper’s opinion.
In his ruling, Judge Cooper said the Service couldn’t pick and choose science and ignore evidence that bison may be threatened. At the 90-day finding stage, Judge Cooper found the Service must credit evidence presented in our petition that bison may warrant listing as an endangered species.
The clock is now ticking for the Service to act and issue a new 90-day finding on our petition to list bison as an endangered species.
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.
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.
Buffalo Field Campaign (BFC), Friends of Animals (FoA) and the Western Watersheds Project have filed a lawsuit against the US Department of the Interior and U.S. Fish & Wildlife (USFWS) for failing to provide Endangered Species Act (ESA) protections for the distinct population (comprised of at least two herds) segment of bison in Yellowstone National Park in response to two citizen petitions.
“What an insult to the American public that the wild bison, who was named our first national mammal in May, continues to be slaughtered because of pressure from the meat industry and ranchers grazing their doomed cattle and sheep,” said Priscilla Feral, president of Friends of Animals. “These herds are obviously in a place where they should already be protected.”
The 4,500 bison in Yellowstone National Park are the only genetically pure bison herds of that size in America. But hundreds are slaughtered every year when snow and ice cover the bison’s food and hunger pushes them to lower elevations across the park boundary in Montana. When they cross this arbitrary line, the buffalo enter a zone of violent conflict with cattle and sheep ranchers.
“Protection under the Endangered Species Act is needed to counter these management inadequacies and to get state and federal agencies to address the threats these bison face,” added Michael Connor, California director of Western Watersheds Project and author of the listing petition. “Instead of allowing these bison to behave like bison and move with the seasons, government agencies are practicing indiscriminate killing that is reducing their genetic diversity.”
The lawsuit states that in issuing a negative 90-day determination on the petitions to list the bison as threatened or endangered, USFWS failed to rely upon the best available science, applied an incorrect legal standard to the petition and ignored the plain language of the ESA, which requires that any species threatened by one or more of five factors shall be designated as endangered or threatened.
Michael Harris, director of Friends of Animals’ Wildlife Law Program, points out that USFWS failed to consider that the curtailment of habitat has already resulted in placing the Yellowstone bison at risk of extinction. USFWS deems the population status to be stable, however under the ESA, the agency is required to not only look at the current numbers of bison, but how much of the bisons range has already been destroyed. Bison historically occupied approximately 20,000 square kilometres and presently only 3,175 square kiometres within the boundaries of Yellowstone National Park serve as principal bison habitat.
“There were millions and millions of acres that were available to the bison that are no longer available to them because of cattle and sheep ranching. Their range has been curtailed by 90 percent, and that alone should be enough to warrant a listing,” Harris said.
“America’s national mammal, the wild bison, is threatened with extinction because of the actions of the agencies entrusted with protecting them,” added Dan Brister, executive director of Buffalo Field Campaign. “The Department of Interior should base its decisions on the best available science, not political pressure from the livestock industry.”
Five conservation groups filed a lawsuit in federal court today challenging the U.S. Department of Agriculture’s Wildlife Services’ killing of gray wolves in Idaho.
The agency killed at least 72 wolves in Idaho last year, using methods including foothold traps, wire snares that strangle wolves, and aerial gunning from helicopters.
The agency has used aerial gunning in central Idaho’s “Lolo zone” for several years in a row — using planes or helicopters to run wolves to exhaustion before shooting them from the air, often leaving them wounded to die slow, painful deaths. The agency’s environmental analysis from 2011 is woefully outdated due to changing circumstances, including new recreational hunting and trapping that kills hundreds of wolves in Idaho each year, and significant changes in scientific understanding of wolves and ecosystem functions.
Wildlife Services does most of its wolf-killing at the behest of the livestock industry, following reports of livestock depredation. For example, five wolves were killed outside of Hailey, Idaho in July 2015 for allegedly attacking sheep. Documents indicate that Wildlife Services has even attempted to kill wolves in the newly-designated Boulder-White Clouds Wildernesses. But Wildlife Services does not consider whether livestock owners took common-sense precautionary measures to avoid conflicts with wolves such as lambing indoors.
“Wildlife Service’s wolf-killing program is senseless, cruel, and impoverishes our wild country,” said Travis Bruner of Western Watersheds Project. “Killing wolves for private livestock interests is wrong, especially on public lands, where wildlife deserves to come first. In addition, new science shows that it does not reduce conflicts long-term.”
“Wildlife Services has never even bothered to consider how much mortality a healthy wolf population can handle,” said Andrea Santarsiere of the Center for Biological Diversity. “Recent research indicates the state may be overestimating wolf populations — something Wildlife Services must consider before killing more wolves.”
“It is long past time that we base wildlife management decisions on the best available science, not on antiquated, disproven anti-wolf rhetoric,” said Bethany Cotton, wildlife program director 2 for WildEarth Guardians. “Wildlife Services needs to come out of the shadows, update its analyses and adopt practices in keeping with modern science and values about the ethical treatment of animals.”
The agency also kills wolves for the purported benefit of elk herds, including in the Lolo zone.
“The campaign waged against the Lolo’s native wolves in the name of elk is reprehensible. Science shows that the elk decline there is due to long-term, natural-habitat changes, not impacts from wolves,” said Gary Macfarlane of Friends of the Clearwater. “It is particularly galling that Wildlife Services is targeting wolves that mostly live in Wildernesses or large roadless areas. These, especially, are places where wolves should be left alone.”
“Wildlife Services, formerly called Animal Damage Control, has been criticized for over fifty years by some of our nation’s leading predator biologists. It has a long, documented history of violating state and federal laws, and even its own directives,” said Brooks Fahy, executive director of Predator Defense. “Idahoans and the American public deserve a guarantee that federal programs like Wildlife Services are using the most up-to-date scientific information available.”
The five conservation organizations are asking the court to order Wildlife Services to cease wolfkilling activities until it prepares an up-to-date environmental analysis of its wolf-killing program. The groups — Western Watersheds Project, the Center for Biological Diversity, Friends of the Clearwater, WildEarth Guardians and Predator Defense — are represented by Advocates for the West and Western Watersheds Project attorneys. Read the complaint here.
