Defenders of Wildlife Blog

Don Barry, Executive Vice President

Don Barry, Defenders of Wildlife Executive Vice President

Last week, I participated in one of the most enjoyable and illuminating environmental conferences that I have attended in the last 20 or 30 years.  The students at the University of Florida law school organized and hosted a riveting two-day conference on the 40th anniversary of the Endangered Species Act (ESA) and it resulted in a reunion of some of the legal and scientific pioneers who helped shaped the ESA into what it is today: the strongest federal environmental law in the country.  I was asked to be one of the opening keynote speakers, having worked on the ESA for more than 39 years in a variety of positions in the Executive Branch, on Congressional staff and with the non-profit conservation community.

When I arrived at the Department of the Interior in 1974, right out of law school, and started working as a career lawyer for the U.S. Fish and Wildlife Service (FWS), the ESA was only a few months old, having been enacted with overwhelming bipartisan support in Congress in December of 1973.  Once on board at Interior, I had the incredible good fortune of being assigned the task of helping FWS draft the core implementation regulations that to this day guide the Service’s methods for protecting wildlife with the prohibitions and inter-agency consultation sections of  the ESA.  Given that 2013 is the 40th anniversary of the ESA, my part at the law school conference was to look backwards and describe the early years under the ESA, and then take a look at where things stand today.

The snail darter brought the ESA to national attention with the Supreme Court Case Tennessee Valley Authority v. Hill
(c) USFWS

There were several things that made this conference extraordinary from my perspective.  First was the chance to listen to such iconic early ESA litigators like Zyg Plater and Pat Parenteau, now both law professors at New England law schools.  Zyg was the attorney that took the famous snail darter case against the Tellico dam all the way to the Supreme Court where he won a resounding victory. His case set the precedent that federal agencies MUST avoid putting endangered species in jeopardy of extinction.  Pat was similarly involved in some of the earliest, most important court victories under the ESA that reaffirmed the obligations of federal agencies to avoid actions that would jeopardize such iconic species as endangered whooping cranes and Mississippi sandhill cranes.  In addition to Zyg and Pat, there were other riveting keynote presentations made by some of the country’s most renowned conservation biologists like Dr. Carl Safina and Dr. Reed Noss.

But the most rewarding part of the conference was getting the chance to spend time, as brief as it was, with the law students who had spent so much of their time organizing and hosting the event on top of their already crushing workloads at school.  When I asked a number of the conference organizers what had motivated them to take this heavy responsibility on, and what had attracted them to the ESA, the answers were always the same:  that they had grown up loving nature and wanted to apply their developing legal skills to help preserve this country’s disappearing natural heritage.  To a person, despite a discouraging job market and crushing levels of debt coming out of law school, they hoped that they would be able to embark on a career of environmental law.

I am now in the twilight of my long and rewarding professional career and I often wonder – and sometimes worry – about who will eventually step up and become the new advocacy voices for our voiceless imperiled species, once veterans of past ESA battles like Zyg and Pat and Carl and Reed and I are gone?  My time spent among the law school students at the University of Florida has now given me my answer: A whole new generation of advocates is ready – they are eager, they are committed, they care. Whether as future citizen activists in their communities or as attorneys for the environmental community, the Florida law school students and other wildlife activists like them across the country are ready to take on the challenges of the next 40 years of the ESA, and to leave their mark for conservation.  This issue is ultimately about this country’s values as we stand at a conservation crossroads: one road leads to extinction, the other leads to recovery, and the choice that needs to be made is so painfully clear. It is reassuring to me – and should be to all who care for the future of imperiled wildlife – that the values that enabled us 40 years ago to commit so fully to protecting wildlife, are still present in today’s young men and women, and they will ultimately find their way to help this country once again make the right choice.

For most Americans, summertime is a chance to finally enjoy the great outdoors and appreciate the incredible diversity of native wildlife our country has to offer. It’s time for swimming at the beach and watching shorebirds, hiking in the mountains through fields of wildflowers, and spending lazy afternoons fishing on our nation’s lakes and rivers.

But in recent years, summer has meant the exact opposite here in D.C. It’s time for wildlife opponents in Congress to make their sneak attacks on some of America’s most imperiled plants and animals by cutting holes in our nation’s safety net—the Endangered Species Act.

Polar bears would lose federal protection under a Farm Bill amendment introduced by Sen. Mike Lee (R-Utah).

The latest onslaught started last week with an insidious rider proposed to the Senate Farm Bill that would eliminate protections for polar bears, Florida panthers and hundreds of other species that exist in only one state.  That was followed quickly by another proposed farm bill amendment that would make it virtually impossible to protect species on private lands by mandating onerous economic analyses and discounting valuable scientific information. We should be doing everything we can to rescue America’s imperiled wildlife, not throwing up additional roadblocks that will push them closer to extinction.

This week, we’re anticipating several more anti-wildlife provisions to be introduced that would eliminate vital protections for endangered species and the habitats they depend on for survival.

First up is a bill that includes an array of nightmarish attacks on our public lands and wildlife.   One of these could spell disaster for jaguars, caribou, lynx, grizzly bears and dozens of other species along our borders. This provision, which was introduced by Rep. Rob Bishop (R-Utah), would waive about three dozen essential environmental laws on Federal public and tribal lands within 100 miles of our borders with Canada and Mexico.  In addition, the bill would give the Department of Homeland Security (DHS) unilateral authority to engage in numerous destructive activities on Federal public and tribal lands anywhere in the U.S., regardless of protective status or proximity to the border.  If passed, the law would allow DHS to build roads through wilderness areas, erect fences around key wildlife habitat and restrict access to national parks without any public involvement whatsoever.

But as two thoughtful ranchers point out in an op-ed for the LA Times, the disastrous border provisions are completely unwarranted. Many landowners already work very closely with border patrol agents to make sure our border regions remain safe without discarding America’s most important environmental safeguards. In another fantastic op-ed for U-T San Diego, a returning Iraq veteran makes the case that our public lands are a source of inspiration and healing for our troops, both when they’re abroad and when they return home.  Rep. Bishop may offer an amendment to this provision on the House floor, but it will do little to address the most significant problems with the legislation.

Last year, this loggerhead was crushed by an off-road vehicle while nesting on Cape Hatteras shores.

Another provision in the same bill would undo critical protections for piping plovers and sea turtles at Cape Hatteras National Seashore. The National Park Service finally announced new rules earlier this year to restrict access to the beach and put a stop to the destruction caused by excessive off-road-vehicle use. Nesting populations of shorebirds and sea turtles have started to recover since 2008 when interim regulations were put in place. Let’s not turn back the clock by allowing Congress to override necessary protections for continued recovery of these rare birds and sea turtles.

A key subcommittee in the U.S. House of Representatives will also begin work on the Interior Appropriations bill this week. This is the same legislation that included more than a dozen attacks on wildlife last year, and it’s likely to have a similar fate this year. We’re particularly concerned about a rider that’s been floated by Rep. Cynthia Lummis (R-Wyo.) that would prevent anyone from challenging the delisting of wolves in Wyoming. Such a rider would make it virtually impossible for Defenders, our conservation partners, or any citizens to undo a deadly wolf plan in Wyoming that would allow unrestricted wolf killing across the vast majority of the state.

We’ll be keeping a close watch on Congress this week and urging our champs to take a strong stance to make sure vital wildlife protections remain in place. Please take a moment today to contact your members of Congress and tell them to uphold America’s commitment to preserving our natural heritage for future generations.

Click here to see what you can do to help!

Rep. Don Young (R-Alaska) decided to help his colleague Rep. Jeff Denham (R-Calif.) Tuesday night by introducing an amendment to the House Energy and Water appropriations bill that would prevent salmon restoration on the San Joaquin River in central California. If you feel like you’re having déjà vu all over again, that’s because Denham already tacked on an identical amendment to the House Commerce-Science-Justice appropriations bill last month. (Click here to see my previous post about the dangers of Denham’s San Joaquin salmon sabotage.)

Salmon populations and gold mining don’t mix.

By doubling down on the destructive provision, Young and Denham are clearly hoping to increase their chances of including it in a final appropriations bill later this year. Fortunately, while these two are busy conspiring to further undermine salmon restoration efforts, a federal appeals court gave imperiled Coho salmon in Northern California a much-needed boost. At the end of last week, the Ninth Circuit sided with the Karuk Tribe who argued that gold mining permits issued by the U.S. Forest Service violated the Endangered Species Act. Suction dredging and other gold mining activities continue to pose a serious risk to salmon populations.

Defenders legal team helped secure the victory by submitting a brief requesting “en banc” review by the full court. Two out of three judges had previously ruled against the tribe, so having all 11 judges hear the case was essential to overturning a dangerous precedent that would have allowed the antiquated Mining Act of 1872 to trump endangered species protections. The Ninth Circuit’s reversal ensures that vital habitat for America’s most vulnerable wildlife is protected from environmentally harmful mineral extraction practices. (Read an in-depth legal analysis from Berkeley Law blog, Legal Planet.)

As Richard Pearson’s op-ed in the New York Times reminds us, we should be doing everything we can to save salmon and other species from extinction, before it’s too late. He had this to say about the importance of preserving the 20,000-some species at risk of extinction around the world:

“It is often forgotten how dependent we are on other species. Ecosystems of multiple species that interact with one another and their physical environments are essential for human societies.

These systems provide food, fresh water and the raw materials for construction and fuel; they regulate climate and air quality; buffer against natural hazards like floods and storms; maintain soil fertility; and pollinate crops. The genetic diversity of the planet’s myriad different life-forms provides the raw ingredients for new medicines and new commercial crops and livestock, including those that are better suited to conditions under a changed climate.”

Right on, Dr. Pearson!

In case it somehow slipped off your calendar…today is Endangered Species Day! Last year we celebrated by launching a blog series called “Can’t Live Without ‘Em” to highlight critters small and large that contribute to keeping our planet healthy. This year, we’d like to take a quick trip down memory lane to look at five incredible victories that YOU–our members and supporters–helped us achieve over the last year to protect America’s endangered species.

1. Defeat of Extinction Rider

Last summer, anti-environmentalists in Congress made a sneak attack on more than 260  imperiled plants and animals. A provision was initially included in the FY2012 House Interior Appropriations Bill that would have prevented species awaiting listing from being protected under the Endangered Species Act. Fortunately, the so-called “Extinction Rider” was eventually stripped from the bill thanks to an amendment led by environmental stalwart Rep. Norm Dicks (D-Wash.) along with cosponsors Rep. Mike Thompson (D-Calif.), Mike Fitzpatrick (R-Penn.) and Colleen Hanabusa (D-Hawaii). The Dicks amendment received solid bipartisan support, demonstrating that Americans from both political parties continue to support strong protections for all our nation’s endangered species.

2. Sharks

Each year, tens of millions of sharks are killed for their fins and tossed back into the ocean. Shark-finning has exacerbated the global decline of shark populations, decimating some species by as much as 90%. Luckily, the state of California passed new legislation last fall to ban the sale, possession, and trade of shark fins. The ban will help raise awareness of the plight of sharks in the United States and help put a stop to the gruesome practice of shark-finning worldwide.

3. A wolf in California?!?

Speaking of California…if you had told us last year that a wolf would soon be living in California, we would have thought you were crazy. But reality is often stranger than fiction. OR-7, the now infamous lone male wolf from Oregon, began his long journey away from home last fall and before the end of year had made it into California. It’s been more than 80 years since wolves were eradicated in California, so the return of OR-7 is a testament to the successful restoration of wolves over the last two decades made possible by the Endangered Species Act.

4. Florida panthers get a brake

Scientists estimate that only 100 to 160 Florida panthers survive in the wild, and each year a dozen or more are killed in vehicle collisions. That’s why Defenders has been working hard to protect the big cats in key corridors where roads criss-cross panther habitat. This spring we scored major victories when Hendry County adopted a lower nighttime speed limit through a state forest to reduce the chance of harming panthers, and a high-tech Roadside Animal Detection System was installed on a dangerous segment of US 41 in the Big Cypress National Preserve to increase panther and motorist safety.

5. More Mexican wolves

The struggling Mexican wolf population in the Southwest increased for the second year in a row, taking recovery another step in the right direction. Mexican gray wolves are some of the most endangered animals on the planet with only 58 surviving in the wild in New Mexico and Arizona. But that’s an improvement from just 50 wolves the year before and only 42 at the end of 2009. With a science-based recovery plan in the works and ever-increasing tolerance from local community members, we’re hoping the population is finally on a path toward long-term sustainability.

Thanks for helping us fight to protect all these endangered animals and countless others!

Click here to see more wildlife success stories.

Ruling restores vital role of wildlife experts in forest fire planning

Golden eagle.

WASHINGTON (Feb. 7, 2012) – The U.S. District Court of D.C. struck down Bush administration regulations yesterday that would have allowed National Fire Plan projects to move forward without consulting the government’s own wildlife experts. Defenders initially challenged the regulations in 2006, arguing that the regulations violated long-standing Endangered Species Act procedures that help protect the environment and imperiled wildlife.

The following is a statement from Mike Senatore, vice president of conservation law for Defenders of Wildlife:

“The U.S. Forest Service and other federal agencies should consult wildlife experts when considering projects that might affect endangered and threatened wildlife. That’s the simple proposition behind one of the most critical provisions of the Endangered Species Act. But the Bush administration ignored the opinion of its own scientific experts and tried to brush aside this common sense and legally mandated requirement. Regional wildlife directors knew it was wrong, environmental advocates knew it was wrong, and the American people knew it was wrong. Now a federal judge has finally thrown out these ill-conceived regulations, upholding our nation’s commitment to protecting imperiled wildlife. This decision makes it clear that the existing consultation process already allows for timely and effective forest fire planning without discarding vital wildlife protections.”

Background:
The Endangered Species Act requires that federal agencies consult with experts at the U.S. Fish and Wildlife Service and National Marine Fisheries Service to determine the impacts of their actions on endangered and threatened wildlife. Regulations issued by the Bush administration in 2003 altered this legal duty to severely limit the role of wildlife experts when considering projects under the National Fire Plan. Similar regulations to short-circuit the consultation process for registration of pesticides were previously overturned by another federal court. A much broader Bush administration policy that essentially eliminated all consultation requirements was issued at the end of 2008 but was promptly withdrawn by the Obama administration in 2009.

Defenders was represented in this case by Eric Glitzenstein of the law firm Meyer, Glitzenstein and Crystal.

Learn more about Defenders’ efforts to uphold the Endangered Species Act

Read more about the Bush administration’s attempts to undermine the Section 7 consultation process

How coal is killing America’s freshwater mussels

Mussels act as a water filter, keeping our rivers clean and healthy. But species like the tan riffleshell can no longer keep up with coal pollution. More than a third of freshwater mussel species are critically imperiled or already extinct.

Who cares about some little mussel that inhabits a few rivers in eastern Tennessee and southwest Virginia? Well, if you happen to live in the area, news that the tan riffleshell is on the verge of extinction could mean that your water isn’t safe to drink. For the rest of us, it’s yet another sign that pollution is taking a very serious toll on the environment.

These endangered mussels are the proverbial “canary in the coal mine” for Appalachian rivers, and they’re just one of 10 species identified in a new report released today called Fueling Extinction: How Dirty Energy Drives Wildlife to the Brink.

Like all freshwater mussels, the tan riffleshell makes its living by eating small particles in the water. These so-called “filter feeders” remove sediment and other pollutants, thereby keeping our streams healthy enough to support other plants and animals, including ourselves. So when these little shellfish start disappearing, that means one of nature’s vital water filters is broken and can longer keep up with all the pollution being dumped into the river.

North America once boasted some 300 species of freshwater mussels, according to the Freshwater Mollusk Conservation Society. But as a result of land development, over-harvesting and chronic pollution over the last 200 years, 38 mussel species are already thought to be extinct and another 77 are considered imperiled.

Today, the greatest threat to mussels comes from various by-products of coal mining and coal-burning power plants. These pollutants contaminate our waterways with heavy metals and other environmental toxins that can kill mussels as well as countless other plants and animals.

Mussels aren’t the only ones threatened by fossil fuel development, however. More familiar imperiled species include:

• Bowhead Whale: The remainder of the endangered bowhead whale population is at risk from contaminants and noise from off shore oil drilling and deadly collisions with ships. An oil spill could easily wipe out the small population of whales, which exists only in Arctic waters.
  

  This Kemp's ridley sea turtle was rescued from the Gulf oil spill.

• Kemp’s Ridley Sea Turtle: According to U.S. Fish and Wildlife Service, the Kemp’s ridley is the most seriously endangered of all sea turtles, and they only breed in Gulf waters. In the immediate aftermath of the Gulf oil disaster, 156 sea turtle deaths were recorded – most of them Kemp’s ridleys.
• Whooping Crane: There are just 437 whooping cranes in the wild today, after overcoming near extinction in the 1940s. But the proposed Keystone Pipeline would run along the crane’s entire migratory path from Canada to Texas, and could destroy the flock with toxic waste , collisions and electrocutions from power lines, and the risk of oil spills.

Drilling in the Arctic. Spilling oil in the Gulf. Building a pipeline across the country. Removing mountaintops to get at more coal. All of these actions have dire consequences for our land and wildlife. Fossil fuels are dirty and dangerous, and they’re pushing many at-risk plant and animal species toward extinction. Oil company executives take home millions of dollars every year while the rest of us have to clean up the mess. It’s time to reduce our dependence on fossil fuels and rescue these species from the brink.

To learn more about the top 10 U.S. species threatened by fossil fuels, visit http://fuelingextinction.org.

Read more about the importance of freshwater mussels on Defenders blog and in our magazine.

Watch the interview below with “mussel man” Monte McGregor, a malacologist with the Kentucky Department of Fish and Wildlife Resources: