October 10, 2002
FOR IMMEDIATE RELEASE
Contact Info

Denver, CO—Oct 10. Environmental groups and the U.S. Fish and Wildlife Service have reached an agreement stipulating that the Mountain Plover will be listed under the Endangered Species Act in September 2003. The settlement agreement, resolving ongoing litigation on this issue, was filed on Monday in federal court in Denver. The environmental groups who brought the litigation are the Center for Native Ecosystems, Biodiversity Conservation Alliance, the Biodiversity Legal Foundation, and Forest Guardians. They were represented in the case by Earthjustice, a non-profit environmental law firm.

The Mountain Plover was originally proposed for listing by FWS in 1999. Under the Endangered Species Act (ESA), proposed listing rules must either be withdrawn or finalized within one year, unless substantial new information contradicts the proposed listing. The environmental groups brought litigation against FWS in February 2002, three years after the proposed rule and two years after a final listing action was due. Recent scientific research provided to the environmental groups by the Service overwhelmingly indicates the need for prompt federal protection for the Mountain Plover.

“This settlement points to a serious problem in the endangered species program - the Bush administration has so little regard for the protection of endangered species that it continues to break obvious and uncomplicated laws over and over again, asks Congress to underfund the endangered species program, and then complains about a lack of funds,” stated Earthjustice attorney Jay Tutchton.

The settlement agreement also stipulates dates by which FWS must make a determination and finalize critical habitat designation for the Mountain Plover. In addition, FWS has agreed to make final listing determinations for two other critically imperiled species that await ESA protection in the Rocky Mountain region – the Southern Rockies population of the Boreal Toad and the Salt Creek Tiger Beetle.

“The highly imperiled status of the mountain plover has not been in question since the species was petitioned for protection in 1997. The only sticking point has been relentless foot-dragging by the U.S. Fish and Wildlife Service as this grassland bird continues to plummet,” said Dr. Nicole Rosmarino, Endangered Species Coordinator for Forest Guardians.

Of particular concern is the current boom in coalbed methane development, with over 12,700 wells already drilled in Wyoming alone, and many thousands more planned, and encouraged by the Bush Administration’s Energy Plan, throughout the western states. Many ongoing or proposed projects are in important plover locations. Impacts to Mountain Plovers range from direct habitat loss from construction of buildings and other facilities and waste water ponds, to greatly increased vehicle collisions due to increased traffic and thousands of miles of new roads, behavioral disturbance during breeding and nesting, and predation as a result of increased perches for raptors.

“The threats to the continued existence of the mountain plover are enormous and increasing every day due to the Bush Administration’s push to industrialize our public lands and roll-back environmental safeguards. The plover needs protection right now, and this settlement will contribute greatly towards that end,” added Jeff Kessler, Conservation Director for Biodiversity Conservation Alliance in Laramie, WY.

Center for Native Ecosystems is dedicated to recovering native and naturally functioning ecosystems in the Greater Southern Rockies and Plains. Biodiversity Conservation Alliance (formerly Biodiversity Associates) is dedicated to conserving the rich natural heritage throughout Wyoming and in the Black Hills by protecting wildlife and wild places, with an emphasis on public lands. Forest Guardians seeks to preserve and restore native wildlands and wildlife in the American Southwest through fundamental reform of public policies and practices. Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth and to defending the right of all people to a healthy environment.

Contact the individuals listed at the beginning of this press release for the settlement agreement and/or a summary of the settlement.