<div dir="ltr"><div><div><div><div><div><div><div>Senator Daines recently <a href="https://www.youtube.com/watch?v=Xy8e98FUl04">told me</a> (and 37,000 FB viewers) that he wants to make "improvements" to the Endangered Species Act.</div><div><br></div><div>As such, the Senator has introduced legislation entitled "<a href="https://www.congress.gov/bill/115th-congress/senate-bill/605">Litigation relief for Forest Management Projects Act</a>" in response to a lawsuit that Cottonwood won for biologists and Canada lynx.<br><br></div>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.<br><br></div>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. <br></div><div><br></div>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.</div><div><br></div><div>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. </div></div><div><br></div>Senator Tester recently <a href="http://ypradio.org/post/daines-tester-trying-reverse-court-ruling-lynx-habitat">told YPR</a> that "All the recreational opportunities stop, the tree cuts stop, trail maintenance stops while they redo this forest plan."</div><div><br></div><div>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. <br></div><div><br></div>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.”<br><br></div>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. <br><div><div><div><br><div>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. <br></div><div><br></div><div>I have acknowledged and apologized for being wrong in the past. I hope that Senators Daines and Tester will do the same. <br></div><div><br></div><div><br></div><div><br></div><br><div><div><div><div><div><div><div><div><div><div><div>-- <br><div class="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><span></span><br><span><a href="http://www.cottonwoodlaw.org" target="_blank"><img src="https://docs.google.com/uc?export=download&id=0B8BXBsjEi27fWVlIbS11X2tocDg&revid=0B8BXBsjEi27fdHhkVDFwZHk5Q1JuRE1tWEE0QWl6d3FSNWRzPQ" width="200" height="83"></a></span><span><br></span><br><span><span><span>John Meyer<br>Executive Director & General Counsel <br>Cottonwood Environmental Law Center</span></span><br>P.O. Box 412 Bozeman, MT 59771<br>John@Cottonwoodlaw.org<br><span>(406) 546-0149</span><br><br>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.<br><br></span><div><a href="http://www.cottonwoodlaw.org" target="_blank">www.cottonwoodlaw.org</a><br><br><br></div><div dir="ltr"><br><br></div></div></div></div></div></div></div></div></div></div></div></div></div></div>
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