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Judge holds feds to grouse deal


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BOISE, Idaho -- A federal judge is holding the U.S. Fish and Wildlife Service to a deal reached with environmentalists that sets a timeline and other conditions on whether to grant threatened or endangered status to the sage grouse.

The wildlife agency sought to back out of a stipulation filed with the court in January that set a May 2009 deadline to determine whether to list the bird under the Endangered Species Act. The deal also required the agency to consider a new and critical scientific report on the bird due out in November and give the public 60 days to comment on the report's findings.

Across Wyoming and the West, decisions about the sage grouse are considered critical to the future of gas and oil drilling, agriculture and urban growth.

Last month, government attorneys sought to back out of the deal, saying top Fish and Wildlife officials never signed off on it. The agreement was approved by Department of Justice lawyers, who negotiated the timeline and other details with the Idaho-based Western Watersheds Project.

In U.S. District Court Friday, Robert Williams, the Justice Department lawyer representing the wildlife service, said the agreement is technically not binding because the government opted to back out before the judge signed it.

Williams also said that holding to arbitrary deadlines would keep agency officials from making a listing decision before 2009, and he argued that it's customary for agency heads to consent to agreements before steps are taken to make them legally binding.

"Unfortunately, that didn't happen here," Williams said.

Judge B. Lynn Winmill rejected those claims, saying the deal, which was filed with the court, should be treated and honored like any other legally binding contract.

The ruling is another setback for the agency since it ruled in January 2005 that the sage grouse did not merit threatened or endangered status.

In 2006, Western Watersheds Project and other groups challenged the agency's decision in federal court, claiming the decision not to list the species was flawed and unfairly influenced by political agendas.

In December, Winmill scolded the service for failing to use the best available science in its decision to deny listing.

He also harshly criticized what he said was the "inexcusable conduct" of former Deputy Assistant Interior Secretary Julie MacDonald, who had oversight of the agency. MacDonald, who resigned last year, intimidated agency staffers, edited scientific conclusions and otherwise intervened in the listing process "to ensure that the 'best science' supported a decision not to list the species," Winmill said.

Environmentalists and wildlife managers say the bird's population and habitat have been diminishing for decades due to wildfires, grazing, energy development and drought. Researchers say the bird now occupies about half of its original, year-round habitat, which stretches across 11 Western states from California to Colorado and North Dakota.

Population estimates vary, but more exact numbers and other fresh, critical data on sage grouse will be included in the comprehensive study due in November by the Western Association of Fish and Wildlife Agencies, an organization representing 23 states and Canadian provinces stretching from Alaska to Texas.

The Fish and Wildlife Service announced this week that it was conducting a new review of the bird's status.

Laird Lucas, attorney for Western Watersheds Project, called Winmill's ruling a victory for science over politics.

The wildlife agency said "it wanted discretion to make a decision by the end of 2008, and everybody knows that's the last full month in office for the Bush administration," Lucas said. "Let's just leave aside politics. The science is what needs to drive this decision."


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Lamp Lighter wrote on Mar 1, 2008 10:27 PM:

" The article states "Environmentalists and wildlife managers say the bird's population and habitat have been diminishing for decades due to wildfires, grazing, energy development and drought". This will probably be one of the few times I partially agree with the enviros. Yes the chicken did start a decline decades ago.....The original decline of the chicken was in the 50's and 60's well before the accelerated drilling and much after there were drastic decreases in grazing numbers. Now to my way of looking that doesn't add up to the reasons they eagerly seek after....Laird Lucas, attorney for Western Watersheds Project, said "Lets leave aside politics" the science is what should drive this project. Wow.... Leave the politics, and what is western watersheds doing?...This is not political? If anyone here believes they sincerly care about the Sage Grouse you haven't been paying attention or you concur with Western Watersheds motives. They seem to want control of our land by any means. Their obvious motives seems to want drilling stopped, they want grazing stopped, they want to make anyone negociate through them for any action in the West and they are using the courts to accomplish it. They state science should be over politics but they have already made their decision on what the conclusions should be...And where the blame should lay and the judge is listening to them.....If they truly wanted science they would be going back to the original decline of the chicken in the 50's and 60's when there was minimal impact from drilling and much less from grazing than there had been previously.....There are problems I agree but not necessarly the problems Western Watershed demands......Go to western watersheds website and see their motives...........They are trying to get the Chicken, Rabbit or any other animal endangered to accomplish their goals..If western watersheds gets their way you will be locked out from your land....YES YOU! "

Wyoelkhunter wrote on Mar 2, 2008 7:58 AM:

" Everyone in this controversy has an agenda. In this particular case why are those concerned about sage grouse looking at listing? I know some moderates in the biological community that are very concerned about this bird. Recent research paints an alarming picture but was not considered in the last evaluation for listing. Should we need listing to keep sage grouse populations healthy? Absolutely not. Why are we at this point then? Because the ranchers oilmen and other developers are simply not managing the lands for sustainable populations of grouse and other wildlife. There has been a lot of talk and token efforts undertaken to get the public pressure off of listing but they haven't made a serious effort to make a positive difference. On the public lands the agencies regulating the harmful activities have simply been issuing permits to drill and renewing grazing permits without sufficient protections for wildlife. One may argue that the profit margin for ranching is small but there is no excuse for the energy companies to make an honest effort. Its all about making money for stockholders. Protection of other important resources on the land should be part of the cost of doing business. The energy companies can afford these protections and still make a good profit. They would rather have it all their own way. The public be damned. Then the energy companies say the environmentalists are taking jobs away and everyone gets all upset. The fact is if they dieveloped responsibly and energy development was sustainable rather than boom-bust there would be just as many jobs. So why do environmentalists see listing as the only alternative? Because the system short of that simply is not working. Most conservationists would rather that the system work and the bird not be listed.

It is amazing how the energy companies have controlled the agenda through lobbyists in the legislature and through propaganda. Unfortunately most people don't question what is going on and would rather blame it all on the "greenies" "

Hmmm... wrote on Mar 3, 2008 11:54 AM:

" In the late 90's I attended a meeting of the "Wyoming Association of Conservations Districts", they had a speaker there who was a past member of the Western Watershed group. He quit because it became to radical. He said the say thing Lamp Lighter, "Their goal is to get livestock off the public lands" he future quoted them as saying "If we can get the sage grouse listed, we can get cows off the land". I agree, I think they don't care about the bird as a specie, but, as a tool to remove everyone from public lands especially the rancher and the oil industry. "

Lamp Lighter wrote on Mar 3, 2008 2:04 PM:

" Hello Wyoelkhunter...It is apparent you and I are looking out of different windows, but we certainly agree that the chicken does not merit listing, it's obvious you have come to your own conclusion as to the problems that have caused the chickens decline. (please forgive this coming analogy) I see it just like a guy that falls down at the first of the race but everybody down the track wants to blame the crowd for not helping him up, nobody sees it could be the slick track in his lane that might be the problem but everyone keeps screaming at everyone else that it's their fault while nobody walks on to the track and spreads a little sand before the next race. We got a problem? Lets walk down to the start and see why he fell down....Sorry about that........... "

The voice of moderation wrote on Mar 3, 2008 6:18 PM:

" Lamp Lighter:

Apparently you think the court's make decisions based on the intentions of interest groups. Enough fear mongering! A species that is in rapid decline (mostly due to vanishing habitat, in this case) should at least get a fair consideration under the ESA. It has nothing to do with Western Watersheds, nor Big Oil & Gas. If the species is in danger of extinction, then it should be listed PERIOD. "

Lamp Lighter wrote on Mar 3, 2008 10:58 PM:

" Hello TVOM.......Your asking do I think the courts base their decisions on special interest groups?........Read these questions..... Who is repeatedly bringing these issues before the courts and focusing the light only on things they want to be seen...... The judge only rules on what they bring before the court... Another question why is it the special interest groups almost always take their cases before the same judges??.... I suggest you read Hmmms' post..............So I played on your fears?........Where have I heard that before?..........The only thing that is in danger of extinction is common sense....You must believe that every thing that has been listed is close to extinction? Please refer back to the sentence above.........The people that help make the decisions to list are the same people that stand to benefit from having them listed.....They get further study...study.....study....Guaranteed salaries, pensions , etc..............So back to the question-"Do I think the court basis its decision on special interest groups intentions"---Maybe not directly but It kind of works out that way doesn't it! "

OnLooker wrote on Mar 5, 2008 6:56 PM:

" The thing that gets me:
The enviro's just about ALWAYS win these court cases. Can't the darn government comply with the law once in a while? Fish and Wildlife and the BLM are so darn busy pushing the paper through, they don't even stop to think about what they are doing. "

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