Grazing

Thanks to Matt Koehler for this submission..

For Immediate Release, October 12, 2011
Contact: Taylor McKinnon, Center for Biological Diversity, (928) 310-6713
Erik Ryberg, Western Watersheds Project, (520) 622-3333

Court Slams Forest Service’s Refusal to Monitor Southwestern Endangered Species

TUCSON, Ariz.— A federal judge on Tuesday sided with the Center for Biological Diversity and Western Watersheds Project in a lawsuit challenging the U.S. Forest Service’s chronic refusal to monitor the health of threatened and endangered species in national forests throughout Arizona and New Mexico.

The 2010 suit alleged that the Forest Service failed to monitor populations of species, including the Mexican spotted owl and ridge-nosed rattlesnake, as required by a 2005 “biological opinion” authorizing implementation of forest plans for national forests in Arizona and New Mexico.

“The U.S. Forest Service has been shirking its legal obligation to monitor the Southwest’s most imperiled species and make sure its actions aren’t pushing them into extinction. Instead the agency’s been spending its money elsewhere and leaving these vulnerable species in the lurch,” said Taylor McKinnon of the Center. “This court ruling finally holds the Forest Service accountable for neglecting these species and putting them at the very bottom of its list. We hope the Mexican spotted owl and other imperiled species will now get the protection they need and deserve.”

The ruling provides endangered species with interim protection while the Forest Service and Fish and Wildlife Service reinitiate consultation on the regional forest plans. The ruling suspends livestock grazing on four grazing allotments that were determined likely to harm endangered rattlesnakes, imposes restrictions recommended by Fish and Wildlife on logging near Mexican spotted owl nests at the Upper Beaver Creek timber sale in northern Arizona, and may provide a basis for suspending other actions harming endangered species prior to completion of a new biological opinion.

“Arizona’s public lands are deceptively rich in animal life, and it is unfortunate that the Forest Service treats those animals with such disdain,” said Erik Ryberg with the Western Watersheds Project. “Western Watersheds Project is hopeful that this legal victory will cause the Forest Service to acknowledge the damage that their widespread livestock grazing programs inflict on animals that make these public lands their home.”

In June 2005, the U.S. Fish and Wildlife Service issued a biological opinion that gave the Forest Service, in accordance with the Endangered Species Act, permission to implement forest-management plans in all 11 national forests in Arizona and New Mexico. As a condition of that permission, the Forest Service agreed to monitor threatened and endangered species’ populations and their habitats.

But in October 2008 the Service issued a report admitting it had not done the monitoring. It also admitted that it might have exceeded its allowable quota of harm to some species, including the Mexican spotted owl. The Center warned the Forest Service of an impending lawsuit if it did not begin the required monitoring, which the agency has continued to refuse to do. After the Center filed suit, the Forest Service and Fish and Wildlife Service reinitiated consultation; today’s decision provides interim protections for endangered species until the reinitiated consultation is completed.

The lawsuit was argued by attorneys Marc Fink with the Center for Biological Diversity and Matt Kenna from Durango, Colorado.

To view Tuesday’s ruling, click here.

The Colorado Cattlemen’s Association (CCA) announced June 17 that the U.S. Forest Service, the Chaffee County Board of Commissioners, CCA, and most importantly – 13 livestock producing families – prevailed against a lawsuit filed by Western Watershed’s Project (WWP). In 2009, CCA and Chaffee County joined ranchers in protecting their right to multiple-use grazing of public lands by intervening in a lawsuit filed by the anti-livestock grazing WWP, which sought to deny renewal of grazing in the Pike and San Isabel National Forests.

“This is a huge win for our family and cattlemen in this part of the state,” stated Ken McMurry, grazing permittee. “Through the support of ChaffeeCounty, other local cattlemen’s associations and the Colorado Cattlemen’s Association, we’ve come to realize how significant this ruling is statewide to all cattlemen, whether grazing on private or public lands.”

The appeal by WWP objected to the renewal of the grazing permits, which had been approved after a thorough environmental review. The Forest Service grazing decision also incorporated adaptive management principles to improve environmental conditions in the forests. The ranchers and the Forest Service worked together to develop management steps that would address resource issues and still be cost-effective. Upon reviewing the briefs and the administrative record, the court affirmed the decision of the Forest Service and allows continued livestock grazing under the adaptive management that everyone committed to do.

As CCA counsel Connie Brooks explained, “This decision is especially significant because Western Watersheds had objected to the fact that the Forest Service had worked closely with the grazing permittees to develop management plans that made sense and would achieve the Forest Service’s objectives. While federal law calls for these grazing plans to be written in coordination with ranchers, this litigation would have undone the cooperation and consultation that has characterized the grazing program on the Salida Leadville Ranger District of the Pike San Isabel National Forest.”

Tim Canterbury and his family are also thrilled with the courts decision. “We are happy to see that the court ruled this way. It shows that the courts recognize all of the hard work the permittees and agencies put into the Environmental Assessment.”

The WWP argued that the decision made by the Forest Service was inconsistent with the Forest Plan; more specifically, it violated the Forest Plan in various ways including wildlife protection, protecting soil productivity, protecting water quality, and protecting archaeological resources. The court found that the Forest Service properly addressed each of these issues. Some of the measures included in the Proposed Plan were changing the stocking rate, limiting grazing to certain seasons, rest rotation, and active herding – all of which permittees will conduct to protect the public’s natural resources. After further review, the court strongly disagreed with WWP, stating the court may not assume that the Forest Service will fail to implement these actions in their Proposed Plan.

“The good guys won!,” exclaimed Chaffee County Commissioner Frank Holman. “The Western Watersheds Project is ignorant of the positive impact ranchers have on the land, and that these same ranchers leave the forest in an improved state. This verdict by the government keeps WWP from running over the little guy. This finally proves that cattlemen do not have to put up with invasions to our Western way of life.”

It’s also interesting that this story from the local newspaper, the Pueblo Chieftain mentions that WWP is from Idaho in the headline..

Grazing can continue in forests
Federal judge ruled against Idaho environmental group.