For Immediate Release
February 21, 2002

(Denver, CO-Feb. 21.) – A coalition of conservation groups filed a lawsuit today in federal court in Denver challenging the U.S. Fish and Wildlife Service's (Service) failure to protect the mountain plover under the Endangered Species Act. The groups bringing the suit-the Biodiversity Legal Foundation, Biodiversity Associates, Center for Native Ecosystems, and Forest Guardians-point out that the Service should have designated the mountain plover as threatened two years ago.

This highly imperiled bird faces continued habitat destruction across its breeding range in the Great Plains and its wintering habitat in California and the southwest. The primary cause of habitat loss is the conversion of the bird's grassland habitat to cropland and urban uses. The birds and their nests are destroyed and displaced by tilling activities and pesticide use. Mountain plovers also rely on habitat created by prairie dogs to forage for insects and to build their nests. Consequently, the bird is further imperiled by rampant poisoning, shooting, and bulldozing of prairie dog colonies.

In 1994, the Fish and Wildlife Service determined that the mountain plover warranted a threatened listing. In 1997, the Biodiversity Legal Foundation petitioned for the species' listing, and in 1999 the Service proposed to list it as threatened. But, as of today, the mountain plover has not been added to the list or given needed protection under the ESA.

According to Jasper Carlton, Executive Director of the Biodiversity Legal Foundation, "The mountain plover's listing is urgently needed. This is an imperiled grassland bird that desperately needs protection. The Service must take action now, while there is still a good chance for plover recovery."

Jeff Kessler of Biodiversity Associates added: "The Fish and Wildlife Service is breaking the law, plain and simple. As a result, the mountain plover is still not on the road to recovery and instead is heading for extinction."

Nicole Rosmarino, Endangered Species Coordinator for Forest Guardians, emphasized the link between mountain plovers and prairie dog colonies: "The mountain plover is one of a suite of species associated with prairie dog towns. This ecosystem faces continued destruction from crop and livestock agriculture and urban sprawl. We will see more and more of these species petitioned for listing until the Service addresses the need to protect the prairie dog ecosystem - including the mountain plover."

The conservation groups filing this lawsuit are concerned that the Service has delayed listing the mountain plover as threatened due to fears that its protection may impact farmers.

But Jacob Smith, Executive Director of the Center for Native Ecosystems, discounted those fears: "Mountain plover protection does not mean that farming in plover habitat will grind to a halt. Planting schedules should be modified, pesticide use should be restrained, and the destruction of prairie dog colonies should be curtailed. These are progressive steps that will benefit long-term land health, which is in the best interest of farmers and plovers alike. They are modest requests for a priceless end: the prevention of extinction."

The Biodiversity Legal Foundation is dedicated to the protection of imperiled ecosystems and species across the U.S. and is responsible for the listing of approximately 300 species under the ESA. Biodiversity Associates, the Center for Native Ecosystems, and Forest Guardians work to protect native species and ecosystems in the Great Plains and Rocky Mountains. Earthjustice attorneys based in Denver are handling the case.

For a copy of the complaint, contact Nicole Rosmarino at 719-523-4123 or nrosmari@fguardians.org.