[MCN] Facts on Tester & Daines Trying to Weaken the ESA

[John Meyer]

Senator Daines recently told me
<https://www.youtube.com/watch?v=Xy8e98FUl04> (and 37,000 FB viewers) that
he wants to make "improvements" to the Endangered Species Act.

As such, the Senator has introduced legislation entitled "Litigation relief
for Forest Management Projects Act
<https://www.congress.gov/bill/115th-congress/senate-bill/605>" in response
to a lawsuit that Cottonwood won for biologists and Canada lynx.

The proposed legislation would eliminate a regulation that requires the
Forest Service to consult with the U.S. Fish and Wildlife Service on its
Forest Plans when new critical habitat has been designated.

The single reason why Canada Lynx were listed as a threatened species is
because of a lack of "regulatory mechanisms." In particular, Forest Plans
were not protective of Canada lynx.  The U.S. Fish and Wildlife Service
said that new management plans should be created if new critical habitat is
designated.

Over 12 million acres of new critical habitat was designated for Canada
lynx on Forest Service lands when it was discovered that Julie Macdonald, a
high-ranking political appointee that was an engineer by training and had
no background in biology, interfered with the original critical habitat
designation. After the new critical habitat was designated, Cottonwood won
a lawsuit in the District Court and Ninth Circuit Court of Appeals that
requires the Forest Service to consult with the U.S. Fish and Wildlife
Service to ensure its Forest Plan protects the newly designated critical
habitat. The U.S. Supreme Court denied the Forest Service's petition to
rehear the case.

To be clear: Senator Daines wants to make "improvements" to the Endangered
Species Act by eliminating a regulation that requires the Forest Service to
consult with the U.S. Fish and Wildlife Service on the impacts of its
Forest Plans when new critical habitat has been designated. New Critical
was designated when it was discovered that a political appointee had
interfered with the designation of critical habitat.

Senator Tester recently told YPR
<http://ypradio.org/post/daines-tester-trying-reverse-court-ruling-lynx-habitat>
that "All the recreational opportunities stop, the tree cuts stop, trail
maintenance stops while they redo this forest plan."

That is 100% not true. Only individual mines, timber sales, or other
activities can be stopped. The Custer Gallatin National Forest is redoing
their forest plan right now and I've been hunting and mountain biking on
the Forest with no problems.

Senator Tester went on to state that the Forest Service should "[d]eal with
it on a much smaller basis where the problem really exists and continue to
implement the forest plan that took decades to write up.”

To be clear: the problem exists at the Forest Plan level. The single reason
Canada lynx were listed as a threatened species because the Forest Plans
themselves were inadequate to protect lynx, not because of any single
timber sale or proposed mine. In short, a big picture approach is necessary
if we want to conserve lynx.

I have sent Senator Tester emails in the past offering to talk in person
about this issue. I have told newspapers that I am willing to testify
before Congress on this issue.

I have acknowledged and apologized for being wrong in the past. I hope that
Senators Daines and Tester will do the same.




-- 

<http://www.cottonwoodlaw.org>

John Meyer
Executive Director & General Counsel
Cottonwood Environmental Law Center
P.O. Box 412 Bozeman, MT 59771
John at Cottonwoodlaw.org
(406) 546-0149

The information contained herein is privileged and confidential. If you are
not the intended recipient, you must delete this email and inform the
sender of the error.

www.cottonwoodlaw.org
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