RANCHING Wildlife Lizard Lawsuit Struck Down
Sceloporus arenicolus, also known as the dunes sagebrush lizard. Photo by Michael T. Hill and U.S. FWS.
T
HE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA has struck down a lawsuit brought by The Defend-
ers of Wildlife and the Center for Biological Diversity asking the U.S. Fish and Wildlife Service (FWS) to reconsider its June 2012 decision not to list the dunes sagebrush lizard (DSL) as endangered. The decision comes as a victory for the Texas Con-
servation Plan (TCP) for the DSL. Texas Comptroller Susan Combs was instrumental in the development of the plan. Combs worked with a broad group of stake- holders, including ranchers, private property owners, oil and gas companies, agricultural interests, biologists, and state and federal agencies, to provide protection for the DSL while allowing continued economic activ- ity in the Permian Basin. This region accounts for 57 percent of Texas’ total crude oil production and sup- ports 47,000 oil and gas-related jobs. Judge Rudolph Contreras noted in his ruling, “the
Court fi nds that the FWS’s withdrawal decision rested on ‘the best scientifi c and commercial data available’, as required by the ESA.” Contreras added that envi- ronmental groups “proffer no scientifi cally superior data from the administrative record that FWS failed to consider.” “I am very happy with the judge’s decision,” Combs
said. “It supports our basic belief that the TCP provides appropriate conservation for the lizard and reaffi rms that the research conducted by Texas A&M University about the DSL helped to provide Fish and Wildlife the best scientifi c data available to make the decision not to list the species as endangered.” The plaintiffs also argued that the DSL was not being
protected because the Combs-led plan was voluntary in nature, and the partners to the plan were providing too little information to FWS. According to Combs and Contreras, this was simply not the case. The comptroller’s offi ce maintains frequent reporting with FWS on the plan including enrollment, research
70 The Cattleman December 2014
conducted, allowed disturbances and conservation activities, by regularly and transparently sharing ag- gregated information with FWS through required monthly and annual reports (both publicly available) as well as other communications. At the time of FWS’ initial decision not to list the
DSL, U.S. Interior Secretary Ken Salazar lauded the TCP, calling it “a great example of how states and landowners can take early, landscape-level action to protect wildlife habitat before a species is listed under the Endangered Species Act.” More than 227,000 gross acres and more than 108,000
habitat acres are currently enrolled in the plan and 575 acres of land have been used for conservation. Only 30.6 acres of habitat have been disturbed by those en- rolled; that is 1.4 percent of the total amount allowed for the fi rst three years. Additional information is provided to the public on a comptroller-run website;
KeepingTexasFirst.org. “The TCP continues to be part of our ongoing efforts
to help Texas strike an appropriate balance between environmental protection and economic growth. It protects private landowners, oil and gas producers and agriculture producers who are taking the lead in lizard conservation while also maintaining their right to conduct business,” Combs said. “Without the support of all the stakeholders involved and those ac- tively conserving the DSL in the Permian Basin, this species would have been listed as endangered, which could have been devastating to our state’s economy. We should all thank these partners.” Combs is presiding offi cer of the legislatively cre-
ated Interagency Task Force on Economic Growth and Endangered Species, which assists local communities and governments with maintaining continued economic growth while they respond to ESA actions. The Task Force also has authority to hold federal permits associ- ated with species conservation plans.
thecattlemanmagazine.com
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