TECHNICAL REVIEW OF THE WILDLANDS PROJECT
AND HOW IT IS AFFECTING THE MANAGEMENT OF
STATE, FEDERAL AND PRIVATE LANDS IN THE UNITED
STATES
by Tom McDonnell from No
Darby Refuge
This review details much of the structure
and objectives of the Wildlands Project. During the past several
years, resource industries, state and local governments and
communities nationwide have been buried under an avalanche of: new
species listings; appeals and litigation to stop water
development, logging, mining, grazing and recreational activities.
There have been vast amounts of legislation proposing new
wilderness areas, heritage areas, scenic rivers, biological
corridors, state and national parks or wildlife refuges, as well
as management plans involving critical habitat, watersheds or
ecosystems. While many of these actions seem to be isolated
incidence, a review of Wildlands Project documents suggests that
the actions are often well coordinated activities aimed according
to the Project's text at establishing a "regional reserve
system which will ultimately tie the North American continent into
a single Biodiversity Reserve."
Wildland Project documents from 1993 and
1994 identify 35 different groups as members of the project. As
explained later, a large percentage of the appeals and litigation
initiated against natural resource dependent industries during the
past three years have been initiated by one or more of these
member groups. Also, within a January, 1994 document, 38 areas in
12 western states are identified where "road closures would
create core roadless areas of more than a million acres." By
comparing the list of identified core areas with the list of
Wildland Project member groups, one can establish a pattern of
where litigation or appeals will occur, and which member groups
will likely initiate the appeal or litigation.
Finally, this review details over 100
species which member groups of the Wildlands Project have
petitioned to have listed as threatened or endangered. While some
species such as the Preble's meadow jumping mouse are rare, many
of the species (rattlesnake, wolverine, lynx, goshawk and Alaskan
wolf) are very common. These petitions suggest that these groups
are using the Endangered Species Act to promote political and
social agendas rather than for conservation of truly threatened
species.
I. The Wildlands Project
A. Developers of the Project
Former Earth First! member and founder,
Dave Foreman introduced the concept of the Wildlands Project in
his book Confessions of an Eco-Warrior. With the assistance
of Dr. Reed Noss and Dr. Micchael Soule ( both cofounders of
the theory of conservation biology), Dave Foreman was able to
evolve his concept into an actual model published in the 1992
special issue of Wild Earth. By January 1994, 75,000 copies
of this document were distributed under a grant from the
Foundation for Deep Ecology. Reed Noss served with Dave Foreman on
the advisory board of the Greater Ecosystem Alliance. Mr. Noss
also served as a contractor and scientific advisor to the
Department of the Interior where he published a paper entitled
"Endangered Ecosystems of the United States: A Preliminary
Assessment of Loss and Degradation." This paper was
co-authored by Edward LaRoe and J. Michael Scott from the National
Biological Survey. Mr. Noss's Wildlands Project model is also
referred to as the principle design for biodiversity protection
within Section 10 of the United Nation's Global Biodiversity
Assessment authorized under the U.N. Convention for Biodiversity.
B. Vision of the Project
In the introduction to the Wildlands
Project, Dave Foreman states that this project serves as a coming
together of grass-roots conservation activists and as a foundation
for their active vision of how to protect and perpetuate native
species and systems across the North American continent. He
states, "Our vision is continental...we seek to bring
together conservationist, ecologists, indigenous peoples, and
others to protect and restore evolutionary processes and
biodiversity." He then states that areas such as National
Parks and wildernesses are insufficient for they are designed
"to protect scenery and recreation, or to create outdoor
zoos." He goes on to state that the "Wildlands Project
in contrast calls for reserves established to protect wildlife
habitat, biodiversity, ecological integrity, ecological service
and evolutionary processes --- that is vast interconnected areas
of true wilderness." "[W]e see wilderness as the home
for unfettered life, free from industrial human
intervention." He also says that this wilderness will be
"extensive areas of native vegetation in various successional
stages, off-limits to human exploitation. Vast landscapes without
roads, dams, motorized vehicles, powerlines, overflights, or other
artifacts of civilization." Over half the North American land
mass is envisioned as making up this massive wilderness reserve
system.
The project calls on the establishment of
systems of core wilderness areas where human activity is
prohibited, linked with biological corridors. Around these core
reserve areas and their interlinking corridors, buffers are to be
established. The buffer areas are to be managed to restore
ecological health. Human activity associated with civilization --
agriculture, industrial production, urban centers -- will be
allowed to continue outside these buffered regions.
C. Project Coordination, Funding and
Clearinghouse Capabilities
The central office of the Wildlands
project is located in Tucson, Arizona and serves as a
clearinghouse and coordination point for implementing the project.
Funds for the project are obtained through solicitations,
advertisements and from grant-makers such as the Bullett
Foundation. For example, in 1993 and 1994 the Bullett Foundation
gave the Wildlands Project member, Oregon Natural Resources
Council $95,000 alone for "advocacy work based on good
science, agency monitoring and appeals." In their spring 1996
newsletter, Friends of the Bow/Biodiversity Associates
acknowledged thanks for the grants it received from the Foundation
for Deep Ecology, Sierra Club, Wilderness Society, National Rivers
Coalition, Fund for Wild Nature, Harder Foundation, and Reraam
Foundation. Donations from Patagonia and New Belgium Brewing
Company are also acknowledged.
In addition to clearinghouse and
fund-raising capabilities, the project also has public relations,
publishing and research capabilities. As stated in 1993 Wildland
Project documents:
The [Wildlands Project] staff will identify
and contact regional groups throughout the continent working
on biodiversity and wilderness preservation. Where such groups
do not exist the Project will attempt to provide support to
get them under way or to allocate resources to develop reserve
proposals itself for the region." "The Project will
also provide scientific analysis of proposals as well as
support research on reserve system models, and make the
findings available to regional activists and biologists.
Technical support on mapping, use of GIS and GAP Analysis will
also be available."
D. Regional and Ecosystem Projects
The Wildlands Project has over 35 known
activist groups now working on implementing the project at the
regional and ecosystem level. Some of the known members include:
Alliance for the Wild Rockies (MT); Biodiversity Legal Foundation
(CO); California Wilderness Coalition (CA); Coast Range
Association (OR); Environmental Ethics (TX); Finger Lakes Wild!
(NY); Forest Guardians (NM); Forest Reform Network (TX); Friends
of the Bow [renamed Biodiversity Associates] (WY); Gila Watch
(NM); Great Old Broads For Wilderness (UT); Greater Ecosystems
Alliance (WA); Heartwood (IN); Hells Canyon Preservation Council
(OR); Idaho Conservation League (ID); Klamath Forest Alliance
(CA); Lighthawk (NM); Native Forest Council (OR); Oregon Natural
Desert Association (OR); Oregon Natural Resources Council (OR);
Planet Drum Foundation (CA); Preserve Appalachian Wilderness (VT);
Public Lands Action Network (NM); Rest The West (OR); Save
America's Forests (Wash. D.C.); Siskiyou Regional Education
Project (OR); Southeast Alaska Conservation Council (AK); Sky
Island Alliance (AZ); Society for Ecological Restoration (WI);
Sororan Arthropod Studies Inc. (AZ); Superior Wilderness Action
Network (WI); Thatshenshini Wild (British Columbia, Canada);
Virginians for Wilderness (VA); Predator Damage Review (AZ); and
The Xerces Society (OR).
Member groups, first recruit other
activists, professional ecologists, sympathetic agency personnel
and others to assist in the development of proposals for the
Wilderness Recovery Network at the regional and ecosystem level.
Trust groups such as Nature Conservancy are plugged into the
proposals so that when gaps are identified within their reserve
network, these areas can become priorities for land acquisition.
Using the Noss model, the activist groups
will next identify and map all existing protected areas including
federal and state wilderness areas, parks and wildlife refuges,
heritage areas, monuments, BLM Areas of Critical Concern (ACC) and
USFS Research Natural Areas (RNA). To assist in this step,
activists rely on a variety of other maps including: National Park
system maps, National Wildlife Refuge maps, Forest Service RNA
maps, Bureau of Land Management ACC maps, BLM Wilderness Status
maps and Nature Conservancy preserve maps.
After all the currently protected areas
are laid out onto a single map, the third step is to overlay this
map of currently protected areas with a map of large roadless
areas. Roadless areas, also called Big Outside Areas, are defined
as roadless areas of 100,000 or more acres in the West, and 50,000
or more acres in the East. These roadless areas may include state,
federal and private land. Roadless maps may include protected
areas such as National Parks, and unprotected areas such as
federal multiple-use lands, state lands and private lands. The
only qualify factors of this roadless area map is size in term of
acreage and the fact that there are no roads. The Wildlands
Project's central Tucson office has at least 385 maps of large
roadless areas available and has been working the last year on the
development of more detailed state maps to assist regional groups
in their work.
The fourth step is to analyze the
geographical arrangement of the map of currently protected areas,
with its overlay of roadless areas, for logical complexes of wild
places and probable
linking corridors. The protected areas such as
wildernesses and National Parks within the Big Outside (roadless)
areas are identified as key core areas. Protected areas found
outside identified roadless areas are examined to see if they can
"serve as beads in Biological Corridors linking Core
Wilderness together." Identified roadless areas that are not
already protected with National Park, wilderness or other similar
designations, are considered unprotected and given the highest
priority for conservation. Unprotected roadless areas which are
federal and state lands are targeted for future wilderness bills,
heritage sites or other protective legislation. Private lands
within these areas are given the highest priority for public
agency or trust group acquisition.
In addition to legislation, this map also
establishes the priorities for appeals and litigation. As stated
within Wildlands documents, "It is usually more important ...
to stop an old-growth timber sale within a Big Outside area or in
a corridor between two core areas than to stop an old-growth sale
in a fragmented area far from potential cores or corridors. It is
usually more important to establish a Wilderness Area that is part
of a large complex, than one isolated in a matrix of intensive
human use. (Keep in mind that this political process must go hand
in hand with the ecological evaluation discussed by Noss.)"
By 1994, the Wildlands Project had
identified 38 areas in the western United States where minor road
closures would create large roadless areas of more than a million
acres. In total, these areas make up more that 75 million acres.
These areas include: North Cascades - Washington (3 million
acres); Olympia Mountains - Washington (1.2 million acres);
Kalmiopsis/Siskiyous/Trinity Alps - Oregon, California (2 million
acres); Hells Canyon/Eagle Cap - Oregon, Idaho (1.5 million
acres); Selway-Bitterroot/River of No Return - Idaho, Montana (5.5
million acres); Great Rift - Idaho (1 million acres); Owyhee -
Idaho, Oregon, Nevada (8 million acres); Oregon Desert - Oregon,
Nevada (3 million acres); Bob Marshall - Montana (3 million
acres); Beartooth - Montana, Wyoming (1.5 million acres); North
Absaroka - Wyoming (1 million acres); Upper Yellowstone/South
Absaroka - Wyoming (2.5 million acres); Tetons/SW Yellowstone -
Wyoming, Idaho (1 million acres); Wind Rivers - Wyoming (1.2
million acres); Red Desert - Wyoming (1 million acres); Maroon
Bells - Colorado (1 million acres); San Juan Mountains - Colorado
(2 million acres); Desolation Canyon - Utah (2.2 million acres);
High Uintas - Utah (1 million acres); Canyonlands - Utah (3
million acres); San Rafael/Wayne Wonderland - Utah (1 million
acres); Escalante/Kaiparowits/Henry Mts. - Utah (3 million acres);
Desert Game Range - Nevada (1.5 million acres); Black Rock Desert
- Nevada (2.5 million acres); Smoke Creek Desert - Nevada,
California (1 million acres); High Sierra - California (3 million
acres); Yosemite North - California (1 million acres); Los Padres
- California (2 million acres); Death Valley/Inyo - California
(1.5 million acres); Panamint Mountains (Death Valley West) -
California (1.5 million acres); Mojave Desert - California (1.5
million acres); Bill Williams River - Arizona (1 million acres);
Kofa - Arizona (1.5 million acres); Cabeza Prieta - Arizona (2
million acres); Galiuro/Pinleno - Arizona (1 million acres); Grand
Canyon/Kaibab - Arizona (3 million acres); Gila/Black Range - New
Mexico (1.5 million acres); Guadalupe Escarpment - New Mexico,
Texas (1 million acres).
Once the core reserve (including
currently protected lands and roadless areas) areas are
established, all USFS, BLM, state forest, military and other types
of state, federal and local lands are to be examined for potential
addition to the core reserve lands or to buffer areas. Gaps
between core reserve areas are identified, and the private lands
that can serve as corridors to link these reserve areas are
targeted for acquisition by government and trust groups. As stated
in the documents, this will be "especially crucial in the
east."
Once all the core wilderness areas, with
their corridors and buffer zones are established at a regional
basis, they will be linked to other regional systems, until the
entire North American continent is converted into large
interconnected bioreserve.
E. Current Management of State, Federal and
Local Government Lands
Until all public lands can be examined
for inclusion into the reserve system, Wildlands documents states
the following about their management:
"One hundred years ago, John Muir
argued that the newly withdrawn Forest Reserves in the West
should be protected from logging, mining and livestock
grazing." A key part of the American Wilderness Recovery
Plan is to return to Muir's vision for management of our
public lands. Commercial livestock grazing of federal and
state lands cannot be justified ecologically or economically.
Commercial logging, with the possible exception of small pole,
post, and firewood sales, should be prohibited. Mining is an
inappropriate use of public lands in virtually all cases.
Vehicle use off established roads must be entirely prohibited.
By freeing Forest Service, BLM, and state lands of such
multiple-abuses, many roads and other developments could be
closed. Roads necessary only for logging and grazing or
recreational access should be closed. It may be necessary to
allow some roads to remain open to official use for short time
periods to allow active restoration in severely abused areas,
or for reintroduction of extirpated species, but the majority
of dirt and gravel roads on the public lands should be closed
quickly."
As seen in the last two years, RS 2477 on
public right-of-ways is an important issue to the preservationist
community.
F. Plants and Animal Recovery
Large predators are a central focus to the
Wildlands Project. The project especially keys to large
wide-ranging predators like the grizzly and black bear, wolves,
cougars, jaguars and lynx. In recent years, many of these groups
have been involved in efforts to provide additional federal
protection and recovery to grizzlies, jaguars and wolves. In
Colorado, California and Oregon there have been successful efforts
at the state level to provide additional protection for cougars
and black bears. In the western states, Earth First! affiliates
have maintained an ongoing effort to shut down coyote control.
Regarding the rest of the native plant
and animals, Wildlands Project documents state that "perhaps
90 percent of the rest of biodiversity will also be
protected." Efforts at such levels of protection became
evident in a 1995 biodiversity bill introduced into the Colorado
state legislature. However, most efforts to date have been
petitions to list species like the goshawk and lynx as threatened
or endangered.
Members of the Wildlands project have
petitioned for the listing of over 100 species as threatened or
endangered and have filed lawsuits for the listing of over 2,000
species. Examples of petitions for listing include the Alliance
for the Wild Rockies petition to list the bull trout as endangered
throughout its habitat in the Northwestern United States on
October 30, 1992. When the USFWS did not act on the petition, the
Alliance for the Wild Rockies, the Swan View Coalition and the
Friends of the Wild Swan Inc. filed suit in Washington D.C.
Federal Court. On April 19, 1994, the Court ordered listing of the
bull trout, and on June 12, 1995, the USFWS gave the bull trout a
warranted but precluded status. (See next section for further
litigation.) On September 19, 1990 this same organization and the
Oregon Natural Resources Council petitioned to list the Pacific
yew as threatened. This petition was denied on August 16, 1991. On
April 1, 1993, they petitioned again, this time to list the North
and South Umpqua River sea-run cutthroat trout in Oregon as
threatened or endangered, and to designate critical habitat.
August 18, 1993, the Oregon Natural
Resources Council petitioned to list 83 mollusc species as
threatened or endangered in the Columbia River Basin. This
petition was denied on July 11, 1994 because of insufficient
evidence. On May 31, 1994, the Oregon Natural Resources Council
and California Wilderness Coalition petitioned for the listing of
the subspecies Southern seep salamander, citing that this animal
was threatened by local extinction as a result of continued timber
harvest, habitat degradation and fragmentation. On June 29, 1995,
the USFWS determined this subspecies was actually a species and
named it the Southern torrent salamander. The Service also found
that even though the species was present throughout its historical
range, there was evidence of localized population suppression in
areas where logging has occurred, and harvestable habitat that is
presently left unprotected. Based on this information, the Service
believes listing may be warranted. On April 11, 1995, The Oregon
Natural Resources Council, Oregon Natural Desert Association and
other environmental groups petitioned for listing of the desert
redband trout in the Snake River drainage above Brownlee Dam and
below Shoshone Falls in Oregon. They petitioned that the trout be
listed as threatened or endangered due to threats including
riparian habitat degradation caused by land uses, and by riparian
degradation caused by decreased stream flows do to irrigation
withdrawal. On September 27, 1995, the USFWS denied the petition
because of insufficient evidence and because the petitioners
failed to provide information that showed this trout to be a
distinct population. The Oregon Natural Resources Council is also
attempting to list the Klamath Mountain Province steelhead of
Southern Oregon and Northern California as endangered at this
time.
On July 19, 1991, Lighthawk and the
Greater Gila Biodiversity Project petitioned to list the goshawk
as endangered throughout the forested west. On January 7, 1992,
the USFWS found that the petition did not present substantial
information that their petition was warranted. On May 9, 1994, the
Greater Gila Biodiversity Project, Southwest Center for Biological
Diversity, the Biodiversity Legal Foundation, Greater Ecosystem
Alliance, Save the West, Save American's Forests, Native Forest
Network and Native Forest Council filed a petition to list the
Queen Carlotte goshawk as endangered. The Service issued a
12-month finding on June 29, 1995 that indicated that listing was
not warranted. On November 17, 1995, these groups filed suit in
Federal District Court in Washington, D.C. against the USFWS for
not listing the goshawk and declaring critical habitat. As a
result of the court proceedings the Service began reevaluating the
status of the Queen Charlotte goshawk in 1997. The Idaho
Conservation League petitioned to list the Kootenai River
population of the White sturgeon in Montana and Idaho as
endangered on June 11, 1992. This population of sturgeon was
listed as endangered on October 6, 1994. Libby Dam is cited as the
cause of the sturgeon's decline. In July 1996, the U.S. Fish &
Wildlife Service released a draft recovery plan calling for the
re-establishment of spring floods. Residents of the area expressed
extreme concern about the impacts that such a plan will have on
hydropower generation, recreation, timber harvest, and agriculture
in the Kootenai River basin.
The Greater Ecosystem Alliance petitioned
to list the North American lynx of the North Cascades ecosystem of
Washington as endangered on August 22, 1991. On February 4, 1992,
the USFWS found that substantial information had not been
presented to indicate that the listing of the lynx was warranted.
Suit was filed in federal court on August 10, 1992. The case was
settled in Federal Court in Washington D.C. in November, 1993 with
the Greater Ecosystem Alliance and National Audubon Society
receiving $11,500 in attorney fees and the USFWS reopening its
status review on the lynx in February, 1994. After review, the
USFWS again denied the petition to list the lynx on December 27,
1994 because there was no evidence that the species was
threatened. On March 27, 1995, the Biodiversity Legal Foundation
and Defenders of Wildlife filed formal notice of their intent to
sue the U.S. Fish & Wildlife for failure to list the lynx as
an endangered or threatened species in the contiguous United
States. In a press release, the Biodiversity Legal Foundation
stated that hunting and trapping threaten the species. They also
state that logging and fire suppression, particularly in the West,
has eliminated or reduced habitat for the lynx and its prey.
"Road-building activities by the U.S. Forest Service are
allowing increased human access into heretofore undisturbed areas,
resulting in lynx mortality due to shooting, trapping, and being
hit by motorized vehicles." According to the Defenders of
Wildlife, the lynx "is on the brink of extinction and is
being splintered into smaller, isolated populations that cannot
connect with each other."
The group that has been the most active
in filing petitions for the listing of species as threatened or
endangered has been the Biodiversity Legal Foundation. On January
16, 1991, Jasper Carlton and his Biodiversity Legal Foundation
petitioned for the reclassification of the Cabinet-Yaak and the
Selkirk grizzly populations in Montana and Idaho from threatened
to endangered. During the same year Jasper Carlton and the animal
rights group, Fund for Animals, filed legal action to halt the
State of Montana's limited grizzly bear hunt. While the petitition
to reclasify the grizzly failed, the Biodiversity Legal Foundation
was successful in ending Montana's limited grizzly hunting, and
was successful in incorporating the principles of conservation
biology into the 1993 revised Grizzly Bear Recovery Plan. The new
recovery plan called for core protected recovery zones in at least
six regions connected by migratory corridors, one of which is 240
miles long. The new plan also called for the recovery of all
grizzly bear populations in Montana, Wyoming, Idaho, Washington
and possibly Colorado, and the connection of "island"
populations to other grizzly populations before delisting can
occur. In the spring of 1997, the Fund for Animals filed suit
against the USFWS once again. In an out-of-court settlement, the
USFWS agreed to develop habitat targets and standards reflective
of the goals in the 1993 Grizzly bear recovery plan. At a June 17,
1997 hearing in Bozeman, Montana, the USFWS took statements
from the environmental community as to what these standards should
be. Industry was not notified of the hearing, was denied
information about the meeting, and was prevented from testifying
at the meeting. Louisa Willcox, one of the early founders of Earth
First! and project coordinator for Wild Forever, ran the
meetings speaker agenda for the USFWS. In coordinated fashion,
environmental groups asked that: 1) roadless areas be kept
roadless; 2) that roaded public lands be reduced below one mile of
road per square mile, that grizzly bear recovery zones be doubled
in size to over 50,000 square miles; 4) that grizzly bear habitat
be connected with corridors; and 5) that grizzly bear food sources
and habitat be protected from human disturbance.
On September 19, 1991, the Biodiversity
Legal Foundation petitioned to list the timber rattlesnake as
endangered and to designate critical habitat in 31 states. The
USFWS found no evidence to list the snake and denied the petition
on April 22, 1992. On October 9, 1991 this foundation petitioned
to list the Fluvial Arctic grayling in the upper Missouri drainage
of Montana and Wyoming. On May 26, 1992, the Biodiversity Legal
Foundation and the Greater Gila Biodiversity Project petitioned to
list the Ferruginous pygmy-owl in Arizona and Texas as endangered
with critical habitat. The USFWS found the Cactus ferruginous
pygmy-owl in Arizona and Texas to be a separate subspecies from
three other pygmy-owl subspecies, and listed the Arizona
population of the Cactus ferruginous subspecies of pygmy-owl on
April 9, 1997. On October 5, 1992 they petitioned to list the
Rocky Mountain Capshell as endangered and to designate critical
habitat in Montana and Colorado concurrently with the listing. On
June 3, 1993, the Biodiversity Legal Foundation, Greater Gila
Biodiversity Project and Southwest Center for Biological Diversity
petitioned for the listing of the Sonora tiger salamander,
Huachuca water umbel and Canelo Hills ladies'-tresses in Arizona.
On September 27, 1993 they petitioned that the southern Rocky
Mountain population of the western boreal toad be listed as
endangered. On December 13, 1993 they petitioned to list the
Alexander Archipelago wolf in Alaska as threatened. The USFWS made
a 90 day finding that the petition was not warranted on February
23, 1995. On February 7, 1996, the Biodiversity Legal Foundation
Save the West, Save Americas Forests, Native Forest Network and
Native Forest Council filed suit in Federal District Court in the
District of Columbia challenging the not-warrant finding. As a
result of this suit, the USFWS began reevaluating the status of
the wolf in 1997. On January 21, 1994 they petitioned to list the
Dakota skipper in North and South Dakota and Minnesota. This
petition was denied on February 27, 1995.
On April 8, 1994, the Biodiversity Legal
Foundation petition to list the Kootenai River population of the
interior redband trout as threatened or endangered and for the
USFWS to concurrently designate critical habitat with the listing.
On August 8, 1995, the Service denied this petition after finding
the interior redband trout to be widely distributed across
Washington, Idaho and Montana and the Service's failure to find
the Kootenai River population as being distinct from other
populations. On August 3, 1994, the Biodiversity Legal Foundation
and Predator Project from Bozeman, Montana petitioned to list the
North American wolverine as threatened or endangered throughout
its entire known historic range of the 48 contiguous United
States. The USFWS found no documentation of the alleged threats or
decline in wolverine populations and denied the petition in April,
1995. The Biodiversity Legal Foundation's attempt to list the
Atlantic Salmon was also denied in 1995, however, their August 9,
1994 petition to list the Preble's meadow jumping mouse in Wyoming
and Colorado was found to be warranted. On February 9, 1996, the
Biodiversity Legal Foundation joined the Friends of the Bow
(Biodiversity Associates) in filing suit against the U.S. Forest
Service and the Fish & Wildlife Service to list the meadow
jumping mouse as threatened or endangered. In Washington, D.C.
Federal Court, the Biodiversity Legal Foundation received a court
order to list the Goliath frog and received $1,300 in legal fees.
On December 27, 1994, the legal foundation along with a group
named Restore the North Woods petitioned to list the Wood turtle
in Connecticut, Pennsylvania, Maine, Vermont, Maryland,
Massachusetts and New York. The USFWS denied their petition on May
16, 1995, after finding the turtle to be both abundant and
widespread. On December 22, 1994, the Foundation petitioned for
the listing of two fisher populations in Washington, Oregon,
California, Idaho, Montana and Wyoming as threatened species,
citing habitat fragmentation loss to logging and road building as
the cause of decline. On March 1, 1996 the USFWS denied this
petition because of insufficient scientific evidence. On July 10,
1995, Jasper Carlton petitioned the USFWS to list the southern
California population of the mountain yellow-legged frog as
threatened or endangered with critical habitat. Carlton also sent
a letter requesting emergency listing of this population of frog
on December 21, 1995. While the USFWS denied the request for
emergency listing of this frog was not warranted, the Service did
determine that the petition to list was warranted on July 8, 1997
and initiated a review. On October 5, 1997, the Biodiversity Legal
Foundation petitioned the Service to list the Lesser
prairie-chicken as threatened throughout its historic range.
Historic range for this bird is believed to consist of 139,500
square miles in portions of southeastern Colorado, southwestern
Kansas, western Oklahoma, the Texas panhandle, and eastern New
Mexico. The Biodiversity Legal Foundation in typical fashion sited
present and potential future habitat destruction caused by
agricultural conversions, habitat fragmentation, grazing, brush
control, oil and gas development, hunting, and predation as
reasons for the birds decline. On July 8, 1997, the Service
initiated a 90 day period of findings regarding the petition. The
Biodiversity Legal Foundation has also attempted to list the
prairie dog as a Category 2 species without success.
II. Appeals and Litigation
Members of the Wildlands Project have
been very active in litigating the shut down of livestock grazing,
mining and timber activities. On March 3, 1995, 11 of the 35 known
member groups had suits filed against the Department of Interior,
Environmental Protection Agency or U.S. Department of Agriculture.
Thirty-nine separate suits were filed by these 11 organizations,
however, this figure does not represent all the citizen suits
filed. For example, Jasper Carlton from the Biodiversity Legal
Center filed two suits under his personal name. Other suits are
filed under names such as the Coalition of Arizona and New Mexico,
and still other suits are filed under names such as the Audubon
Society or National Wildlife Federation who haven't publicly
announced membership within the Wildlands Project but have pursued
similar goals.
A lawsuit which could have had great
long-term ramifications on land use and property rights involved
Category I and II species listed by the U.S. Fish & Wildlife
Service (USFWS). On November 4, 1991, the Biodiversity Legal
Foundation, Fund for Animals and eight other conservation
activists filed notice of their intent to sue the USFWS for
failing to adequately implement the Endangered Species Act in
regard to approximately 600 Category I and 3,000 Category II
species. In a December, 1992 settlement, the USFWS agreed to
propose some 400 additional species for listing by September 1996,
and to expedite final consideration of another 900 species
"for which definitive scientific information has not been
collected." This settlement granted USFWS for the first time,
authority to list species using a "multispecies, ecosystem
approach" rather than a species by species method.
One of the more aggressive organizations in the
filing citizen suits has been the Oregon Natural Resources
Council. In March 1995, this organization had 16 active citizen
suits regarding the Clean Water Act, Clean Air Act, Endangered
Species Act and NEPA. The Oregon Natural Resource Council, Hells
Canyon Preservation Council and the Oregon Natural Desert Council
were involved in the appeal to shut down multiple-use on the
Wallowa-Whitman and Umatilla National Forests in Oregon and
Washington. The Oregon Natural Resources Defense Council also
received a court order for designation of critical habitat for the
Western snowy plover on November, 30, 1994 and $7,147.54 in legal
fees. The Hells Canyon Preservation Council was involved in
litigation to shut down sheep grazing in the Hells Canyon National
Recreation Area of Oregon and Idaho in 1996.
On November 24, 1992, the Idaho
Conservation League and the Committee for Idaho's High Desert
settled against the U.S. Fish & Wildlife Service in Washington
D.C. Court a case to list
the Bruneau Hot Springs Snail. American Farm
Bureau Federation immediately filed suit and the Courts found that
the USFWS had violated the Endangered Species Act in listing the
snail. The Idaho Conservation League then appealed U.S. District
Judge Harold Ryan's rejection of the USFWS's endangered listing of
the Bruneau Hot Springs Snail to the 9th Circuit Court of Appeals.
On June 29, 1995, the appellate court overturned the district
court decision and reinstated the Bruneau hot springsnail to the
endangered species list. However, a comment period on materials
related to the listing of the snail was made available until
December 15, 1995. The listing of this snail could be used to
deprive 59 agricultural operations of the legitimate use of their
water rights on 21,206 acres of irrigated farmland. These farms
and ranches support nearly 1,000 individuals and represented $1.3
million direct dollars in farm income to Idaho annually.
On August 24, 1995, the Southwest Center for
Biological Diversity (Gila Watch) was successful in having U.S.
District Court Judge Carl Muecke place an injunction to stop all
logging on 11 National Forests in Arizona and New Mexico believed
to be inhabited by spotted owls. The U.S. Forest Service brought
three different biological opinions on impacts of logging on the
Mexican spotted owl, but all three were rejected by the plaintiff.
On September 30, 1996, a personal complaint was filed in the U.S.
Court of Appeals in the Ninth Circuit of San Francisco to have
Judge Muecke resign from the case, which he did on October 10,
1996. Judge Roger Strand was appointed to the case and after
review of the biological opinion lifted the injunction on December
4, 1996. During the shutdown, six of nine Arizona timber companies
went out of business and four thousand people were laid off from
work. Of the three remaining timber companies, they were forced to
close three of the their five remaining sawmills. Annual timber
harvest fell from over 150 million board feet in 1994 to 12.8
million feet in 1996 and millions of dollars were lost as the
injunction continued for 16 months.
The Southwest Center for Biological
Diversity and the Greater Gila Biodiversity Project have also
received court orders for listing and/or to have critical habitat
designated for the Ferruginous pygmy owl (D.C., Arizona, 8/25/94);
Jaguar (D.C., Arizona, 8/23/94); Loach minnow and spikedace (D.C.,
Arizona, 9/30/94); Canelo Hills ladies'-tresses, Huachuca water
umbel, and Sonora tiger salamander (3/10/95); and the Southwestern
willow flycatcher (D.C., Arizona, 12/5/94). The Southwest Center
for Biodiversity/Greater Gila Biodiversity Project was successful
in litigation to list the Mexican spotted owl. In 1997, they again
prevailed, this time in the Tenth Circuit Court to gain standing
for intervention in efforts to delist the Mexican spotted owl.
In May 1996, the Forest Guardians filed
suit in U.S. District Court in Santa Fe, New Mexico against the
Bureau of Land Management (BLM) to conduct studies to determine
how grazing is affecting the Southwest willow flycatcher, the
Mexican spotted owl, the Rio Grande silvery minnow, the Loach
minnow, the spikedace and the Pecos bluntnose shiner. Forest
Guardians' John Horning stated in the May 21, 1996 edition of the
Albuquerque Journal, "We question whether any level of
grazing (along streams and rivers) is appropriate." The suit
contends that BLM Resource Management Plans were developed prior
to the listing of a number of endangered and threatened species.
Because of those listing, the Forest Guardians says that the BLM
must re-initiate consultation with the USFWS to determine how
grazing will impact these species. Until conclusions are reached
in those consultation, the Forest Guardians has asked for an
injunction to halt grazing on BLM lands in New Mexico and Arizona.
Alliance of the Wild Rockies filed an
appeal in the summer of 1994 to shut down sheep grazing on the
Lewis & Clark National Forest in Montana. On November 30,
1994, the Alliance of the Wild Rockies filed suit in Federal Court
asking that all National Forests in Washington, Oregon, Idaho,
western Montana and northern Nevada be shut down because the USFS
failed to provide for the long term viability of the bull trout.
This is the same species the Alliance petitioned to list as
endangered on October 30, 1992. Wildlife Damage Review has
coordinated with group such as Native Ecosystem Council, Southern
Utah Wilderness Alliance and Predator Project (Predators for
Intact Ecosystems) to shut down critical Animal Damage Control on
both Forest Service and BLM lands.
III. Case Study Of The Wildlands Project
Member: Friends Of The Bow
Friends of the Bow was originally formed to
protect the Medicine Bow National Forest. In 1994, its work
expanded to also protecting and connecting the Black Hills of
South Dakota and the northern portion of the San Juans Mountains
in Colorado to the Medicine Bow National Forest of Wyoming.
Friends of the Bow operated as an informal organization along with
an organization called the Biodiversity Associates until it
received non-profit tax status. The purpose of the Friends of the
Bow is to "preserve, protect, and restore native species and
their habitats" Their "work to protect biological
diversity and wildlands" in 1995 was funded, as mentioned
above, with grants from Foundation for Deep Ecology, Sierra Club,
National Rivers Coalition and Wilderness Society, as well as with
donations from companies such as Patagonia.
From 1994 to 1996, Friend of the Bow focused
its efforts on the U.S. Forest Services long-range forest plans
for the Black Hills National Forest in South Dakota and the Route
and Medicine Bow National Forests in Wyoming and Colorado. In
regard to the Black Hills National Forest plan, Friends of the
Bow/Biodiversity Associates state, "Now the Hills is the
first forest in the nation to undergo a complete plan revision.
Because it will set a critical precedent for other revisions in
the region, its essential that the new plan protect biodiversity
and ecosystem functioning rather than emphasizing timber
cutting." They go on to say, "in the past 2 years we
have rallied concerned citizens to comment on the draft, performed
a detailed technical analysis of the draft plan, submitted 100
pages of our own written analysis, and coordinated the work of
expert ecologists and a forest economist."
In regard to the Black Hills as a whole, Friend
of the Bow says:
"We see a couple of thing needing to
happen. First, citizens need to reclaim their personal power
and stop allowing big logging companies to divide us from
ourselves, from each other, and from the earth which is our
natural source of health and wealth.
The Forest Service should be putting people
to work revegetating old roads, reconditioning streams, and
restoring native species. Meanwhile, Congress and the industry
should be providing leadership for retraining workers.
Finally, the government should stop subsidizing the
exploitation public lands to meet corporations' and society's
unrestrained demands for products."
In its spring 1996 newsletter: Badger Tracks,
Friends of the Bow entitled one article "Black Hills
Wildlands Threatened by Mining." This article stated that
"a large mining "exploration" is being proposed in
northeast Wyoming's Sand Creek Roadless Area (SCRA) - the most
pristine area on the Black Hills National Forest." The
article went on to say, "Unfortunately, in the past few years
several proposals for gold mines have threatened Sand Creek. The
"exploration" road construction and digging would damage
the stream [Sand Creek], eliminate this last block of undisturbed
forest, destroy is special character, and render Sand Creek
ineligible for designation as Wilderness or Wild and Scenic River.
To make matter worse, the mining claims could be
"patented,"...the most pristine area left on the Black
Hill would become private property owned by the mining companies
and converted into an industrial site or sold to other
developers." The article asked its member to prepare for
action in regard to this mining exploration proposal.
In 1996, the Routt and Medicine Bow
National Forests also began revising their forest plans at which
time Friends of the Bow initiated its "Connecting to the
Routt" plan. In regard to these forest plans, Friend of the
Bow stated:
"Right now there's a great opportunity
for people who care about protecting wild country and wild
species in northern Colorado. The Routt National Forest...is
revisiting its management plan. It is critical for citizens to
tell the Forest Service that protection of free-flowing
rivers, undeveloped lands, old-growth forest, and native
wildlife and plants should take priority over logging and road
building in the new forest plan."
"Through our work in protecting
roadless areas on the Medicine Bow National Forest (MBNF),
which abuts the Routt to the north over the Wyoming-Colorado
state line, we've come to appreciate these two forests as one
ecosystem." The 'Bow has been hit hard by decades of
"sacrifice" forestry, but there are some wild areas
left. And while much of the alpine high country in the Park
range has been protected, important forest corridors
connecting with the MBNF have not." Because preserving
biodiversity means protecting habitat across political and
administrative boundaries, we are working hard to get the
Forest Service, BLM, and the states to protect the remaining
forested river and stream connections between the two forests.
For example, the Encampment River runs north from the Mt.
Zirkel Wilderness down to Hog Park in Wyoming and then, one
mile after entering Wyoming and the Medicine Bow NF, it enters
the Encampment River Wilderness. Miles later, as it leaves
USFS land, the river passes through one section of state land
then enters the proposed BLM Encampment River Wilderness.
Protecting the entire river, hopefully by designation as under
the Wild and Scenic Rivers Act, would help assure these two
forests remain ecologically connected. The designation could
include almost the entire river, from inside the Mt. Zirkel
Wilderness all the way through the Bow and the proposed BLM
wilderness area."
The Wild & Scenic Rivers Act is critical to
this plan because it would place millions of acres of private land
also found in this region under federal control.
Friend of the Bow/Biodiversity Associates
has been involved in a number of lawsuits to protect the "wildlands"
of its region. In addition to the lawsuit filed on the Preamble
meadow jumping mouse, Friends of the Bow has filed suits to stop
grazing on the Medicine Bow National Forest, to stop predator
control programs on the Rawlins and Rock Springs Bureau of Land
Management Districts in Wyoming, and to stop logging, bear baiting
and dredging. In June of 1994, Friend of the Bow sued the U.S.
Forest Service (USFS) for failing to provide a meaningful response
to their appeal of the Banner timber sale in Wyoming. In August
1994, the judge in this case granted an injunction against the
sale and ruled that the USFS had violated the Administrative
Procedures Act. This case was still pending as of July 1996. After
eight appeals, the Sierra Club and Friends of the Bow filed suit
on October 4, 1994 to stop the logging of the Needles and Grizzly
timber sales on the Black Hills National Forest. On November 22,
1995, the same two groups again filed suit to stop the Hollow
Timber sale on the Black Hills National Forest.
Joining with Fund for Animals, Friend of
the Bow filed suit against the USFS on July 21, 1995 to stop bear
baiting on National Forest lands. Friend of the Bow filed for a
summary judgement to stop bear baiting on Forest Service lands
nationwide on December 22, 1995. This case remains unresolved as
of July, 1996.
The Friend of the Bow represents a prime
example of the efficiency of the Wildland Project itself. Not only
was the Wildlands Project able to establish a project organization
to further its objectives in this region of Wyoming, Colorado and
South Dakota, but the Wildlands Project was fully capable of
providing this organization with professional staffing, necessary
funding and a full array of technical and legal consultants to
ensure that this "project" is successful.
IV. Summary
Many of the appeals, listings of
threatened and endangered species, litigation, legislation,
regulations and management plans at the state and federal level
have been analyzed by natural resource industries as separate
issues. After reviewing the Wildlands Project, its associated
member groups, and the issues which they have been involved in the
last four years, it becomes evident that many of the issues once
thought to be independent cases, are in actuality interrelated
issues. To understand the foundation and logic for many of the
issues we face today, one must understand the concepts and
structure of the Wildlands Project.
TM 4/5/95 Updated 7/22/97
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