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Groups sue to overturn habitat decisions
By: DAVE DOWNEY - Staff Writer
Arroyo toad one of 13 species targeted nationwide for more protection | ∞
Environmental groups Wednesday sued to force the federal government to void decisions that they contend protect too little habitat for 13 imperiled species of animals and plants in four states, including Southern California's arroyo toad.
The lawsuit, filed in Southern California federal court, protests the U.S. Fish and Wildlife Service's decision to designate less than 12,000 acres as "critical habitat" for the toad in 2005 after initially designating 182,000 acres in 2001.
Pressured by a building industry lawsuit prompting a review, the agency later proposed reducing the acreage.
The Center for Biological Diversity, a Tucson, Ariz.-based conservation group leading the fight to overturn the 2005 decision, asserted in the suit that the protected acreage was woefully inadequate to protect a species that has lost three-quarters of its original range. The toad, which lives in San Diego and Riverside counties, was listed by the federal government as an endangered species in 1994.
The suit also seeks to boost critical habitat totals set aside for the California red-legged frog, the amphibian made famous by Mark Twain's "The Celebrated Jumping Frog of Calaveras County." The frog also has been found on the Santa Rosa Plateau in Southwest Riverside County.
The suit also seeks more habitat for the San Diego ambrosia and spreading navarretia plants found in San Diego County.
"Habitat loss is the No. 1 killer of endangered species," said Michael Senatore, senior counsel for the Center for Biological Diversity, in a statement. "These species won't survive unless we protect their habitat."
Jane Hendron, a spokeswoman for the Fish and Wildlife Service in Carlsbad, said in a telephone interview Wednesday: "There is really, at this point, nothing that we can say. We haven't even seen the formal complaint. They never furnish us copies of their press releases before they send them out."
Hendron said the suit likely would pile more work onto the agency's legal department, which has been continually defending itself against lawsuits from environmental groups involving endangered species listings and critical habitat decisions.
"And it will require us to use our funding -- and divert it away from other things -- simply to address litigation issues," she said.
Hendron said a familiar pattern has developed with many of the agency's critical habitat rules: Environmental groups sue to speed faster release of a decision, industry groups sue to curb the breadth of such decisions, and environmental groups sue again to boost the acreage.
She said that the critical habitat rule for the coastal California gnatcatcher bird, which was released Wednesday, fit that pattern.
Environmental groups make no apologies for their frequent use of the courts, saying the agency has often needed to be spurred to action.
And David Hogan, a San Diego County spokesman for the Center for Biological Diversity, said one must remember that there is a societal benefit for protecting the toad as well.
"Some people might question why we should care about a species like the arroyo toad," Hogan said. "The thing is, many of those people who raise the question probably do value clean water and adequate water supplies in San Diego and one of the primary benefits .... is improved local water supplies. ... What's good for the toad is good for people."
-- Contact staff writer Dave Downey at (760) 745-6611, Ext. 2623, or ddowney@nctimes.com.
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GOOD NEWS!! wrote on Dec 20, 2007 12:04 AM:Yahoo!! The Building Industry Association is paving paradise!! We've had enough of them!! Save what's left! Thank you Center for Biological Diversity!
MJ wrote on Dec 20, 2007 3:32 AM:This nonsense must stop -- Washington needs to craft an efficient, democratic mechanism for the management of our natural resources -- as it stands right now, minority positions (principally the enviro's) wield far too much power. The current legal system is ill equipped to adjudicate these matters - it is almost like fitting a round peg in a square hole. Perhaps the answer lies in something like a specialty court in the Federal District, similar to the Court of Claims.
Center for Biological Diversity wrote on Dec 20, 2007 4:43 AM:is based in Tucson,AZ. Stay home and protect your own endangered land...
Jake wrote on Dec 20, 2007 5:35 AM:The amazing thing about this.... millions of species have become extinct since the earth was created (or formed) and we still have a working, viable planet. Let's just try and save the ones which don't get in the way of human needs.
To: Jake wrote on Dec 20, 2007 7:10 AM:The key to your comment is "save the ones which don't get in the way of human needs" . Most of the projects that will be curtailed because of this ruling have nothing to do with human needs, but have everything to do with human WANTS. The purposes for these "takings" of sensitive lands is purely for PROFIT. The species that have become extinct have for the most part been for needs of humans or larger animals. Glad you can see the difference.
American Mike wrote on Dec 20, 2007 8:01 AM:The CBD is a very serious internal ... threat. If one is not familiar with their tactics, take time to discover what they are up to Nation wide. It is a cereal box branded organization, which will not stop until all possible public land is designated as habitat, all at the cost of the taxpayer, to forever be funded by the taxpayer, and administrated by the Federal Government. The CBD, as well as the Sierra Club are the most immanent threats to public land in the United States.
concerned wrote on Dec 20, 2007 8:04 AM:Conserving land for now and the future and saving species, plants, etc. of all kinds is very important. Many American Indians did a great job. Respect nature now to insure that our future generations have a life. Balance is an important factor that those in charge must always consider. "An appreciation and respect for nature was of the utmost importance. American Indians viewed nature as a gift ..."
San Marcos Resident wrote on Dec 20, 2007 8:11 AM:Thank God for The Center for Biodiversity. It uses my donations the way I had hoped: in the court system. Maybe there will be hope, too, when we get Bush and his nightmare regime out of Washington.
janet wrote on Dec 20, 2007 8:11 AM:How did we get here in this case? A political appointee ignored scientific data and decided this issue based on the wishes of special interests. She trampled our laws, but a lot of you think that's okay.
Discusted wrote on Dec 20, 2007 8:40 AM:The Endangered Species Act MUST be repealed. It has the same effect as an unlawful seizure of private property without compensation. The whole concept of protecting "endangered species" is idiotic and without merit.
.Reardon wrote on Dec 20, 2007 9:04 AM:"Habitat loss is the No. 1 killer of endangered species" Absolute HORSE PUCKY! 99% of all flora and fauna species disappeared before "man" arrived on this planet to impact "habitat." NATURE is the No. 1 killer of endangered species! Man impacts the equation only at the margins.
Rocky wrote on Dec 20, 2007 9:24 AM:Developers have no conscience and to many Bulldozers. Hang in there David Hogan and all you Biological Diversity folks as it looks like you are the only ones who really care about the environment. Is Fish and Game beginning to lose their grip on what they are there for in the first place and the Building Industry people are taking advantage of this? Actually, because of all the over building in California and water fast becoming more valuable then gold it will be us humans that will soon become the endangered species. And just think, it all began with Greed.
aDAMANT wrote on Dec 20, 2007 9:31 AM:To San Marcos Resident. And you think that the next president will do any good? Stop donating.
Jaque wrote on Dec 20, 2007 9:44 AM:As someone with a Minor in Ethnobotony, I must agree with Reardon. Over a thousand "species" are lost to extinction every year, but over 500 as yet unclassified "species" are discovered every year. Moreover, well over 100 new genis are added every year.
Concerned-1 wrote on Dec 20, 2007 2:10 PM:I often wonder where these nut jobs live? In houses? Where do they shop for food? In stores? Hmmmm. Did they build their houses? Probably not. Actually, there's a lot of good going on right now, but nothing will make these people happy. They would be laughable if it were not for the damage they do. I know of one species I'd like to see endangered: Enviro-nuts!
Rocky wrote on Dec 20, 2007 11:16 PM:Concerned-1. Just stop and think for one minute where we would be if the ENVIRO-NUTS, as you call them, were not ever vigilante in fighting the DEVELOPER-NUTS from Bulldozing the entire state of California to pad there pockets with no regard to preserving what little is left of our fast disappearing wildlife. Are you, Jague, Reardon, and several other posters here just happen to be Off-Roaders?
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