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AZ faced with another lawsuit against grazing

Anna Miller Fortozo, WLJ managing editor
Jan. 21, 2022 3 minutes read
AZ faced with another lawsuit against grazing

In what feels like a never-ending cycle, a duo of conservation groups has launched another lawsuit against cattle grazing, this time in the Agua Fria National Monument in central Arizona. The monument contains 70,900 acres of federal land and 1,444 acres of private land.

The Center for Biological Diversity and Maricopa Audubon Society claim livestock grazing in the monument destroys habitat for threatened and endangered species, including the Gila chub, Gila topminnow, northern Mexican gartersnake and western yellow-billed cuckoo.

The suit against the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (FWS) alleges the agencies failed to reinitiate and complete an Endangered Species Act (ESA) consultation regarding the impacts of livestock grazing within the monument.

“Based on BLM and FWS records that plaintiffs obtained through the Freedom of Information Act and plaintiffs’ site visits and surveys of the riparian habitat within the Horseshoe allotment, the BLM is significantly failing to comply with the mandatory restrictions that were imposed to ensure adequate protection of this critically important habitat for threatened and endangered species,” the lawsuit read.

The groups claim they have documented streams with cow manure, trampled streambanks and vegetation grazed to the roots.

“Even within a national monument, on a grazing allotment controlled by the Arizona Game and Fish Department and the BLM, the agencies can’t keep cows out of streams,” said Maricopa Audubon President Charles Babbitt. “Endangered species across the Southwest are in crisis because these agencies are unable or unwilling to protect the riparian habitats they depend on from cows.”

In September 2020, the BLM issued a final Environmental Assessment, Finding of No Significant Impact and Notice of Proposed Decision for the Horseshoe Allotment Grazing Authorization Renewal, which allows grazing on the allotment for the next 10 years. The Horseshoe allotment consists of 29,851 acres of BLM administered lands.

Shortly after the BLM released its intentions to allow grazing on the allotment, the Center for Biological Diversity submitted a letter of protest. In November, BLM issued a Notice of Final Decision for the allotment, allowing grazing on the allotment as of March 1, 2021.

In February and March of 2021, the Center for Biological Diversity staff conducted field surveys in the allotment and documented “destructive cattle grazing” within the Silver Creek, Long Gulch and Agua Fria rivers. In August, the staff returned again and found that cattle were still accessing sections they were supposed to be excluded from during that time of year. The staff returned again in December and early January, continuing to document what they called destructive impacts from cattle grazing.

In August, the agencies said they were working to ensure ESA compliance and would be installing a fence, which the conservation groups said had still not been installed by their January visit.

“Federal officials have ignored this destruction and let cattle run rampant, so we’re hopeful a judge will force them to do their jobs and protect these fragile ecosystems,” said Chris Bugbee, Southwest advocate at the Center for Biological Diversity. — Anna Miller,WLJ managing editor

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