A federal appeals court ruled in favor of conservation groups challenging the U.S. Forest Service’s (USFS) plan to manage black-tailed prairie dog populations in Wyoming’s Thunder Basin National Grassland.
On Oct. 28, the 10th Circuit Court of Appeals ruled USFS failed to properly analyze alternatives or justify its decision to expand lethal control measures against prairie dogs in northeastern Wyoming.
Environmental groups challenged the agency’s Thunder Basin National Grassland 2020 Plan Amendment, alleging the plan violated the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA).
A district court found the plan complied with both the ESA and NEPA and chose to uphold the plan. However, the appeals court agreed with the environmental groups that USFS failed to take a hard look under NEPA at the environmental consequences of the plan, but said it was unable to determine whether the USFS violated the EPA.
“We reverse the district court’s decision and remand for further proceedings to determine the appropriate remedy,” the court wrote in its order.
The Western Watersheds Project, Rocky Mountain Wild and WildEarth Guardians celebrated the decision.
“The Forest Service should be ashamed of their plan to use shooting, poisoning and unmitigated plague outbreaks to crush populations of native wildlife for the benefit of livestock grazing and local ranchers,” said Matt Sandler of Rocky Mountain Wild.
Background
Wyoming classifies the black-tailed prairie dog as both an agricultural pest as well as a species of greatest conservation need. The species also serves as the black-footed ferret’s primary prey.
In 2020, USFS released a plan amendment to manage the black-tailed prairie dog population on the Thunder Basin National Grassland in northeastern Wyoming. Thunder Basin comprises 553,000 acres of USFS-managed land and more than 1 million acres of state or privately managed land.
In 2017, the population of prairie dogs on Thunder Basin surged to a record high, with colonies spanning 75,000 acres. A plague outbreak spread through the population, reducing the colonies to about 1,100 acres in just over a year’s time, according to the plan amendment.
“Concerns over the plague mitigation strategies in place, the devastation caused by this plague outbreak, and ongoing disagreements with state and local stakeholders surrounding prairie dog populations on Thunder Basin led to the USFS issuing a 2020 amendment to the grassland plan,” the court wrote.
Included in the plan was the ability to increase the use of lethal prairie dog controls to minimize species encroachment, reduce resource conflicts and prevent the spread of disease. The plan reduced the target population of prairie dog colonies from 33,000 acres to 10,000 acres, with the ability to reduce to 7,500 acres in certain circumstances. The plan also allowed the use of poisons and recreational shooting to manage population numbers.
While environmental groups have pushed for the black-tailed prairie dog’s listing under the ESA, the U.S. Fish and Wildlife Service maintains its position not to list the species due to its ability to rebound after poisoning, plague and shooting. — Anna Miller, WLJ managing editor
