The Center for Biological Diversity and Maricopa Bird Alliance announced in late March that they intended to sue the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service over cattle grazing in Arizona’s Las Cienegas National Conservation Area.
“Endangered birds, fish and other animals desperately need these wild places,” said Chris Bugbee of the Center. “The sensitive habitats that Las Cienegas was created to protect are being trashed, not just by cows but also by federal incompetence.”
The conservation area comprises more than 45,000 acres in southeastern Arizona and includes a working cattle ranch, Empire Ranch, that has been established since the 1860s. BLM is authorized to allow livestock grazing in “appropriate areas” in the conservation area, as designated under a 2003 Resource Management Plan (RMP).
The Notice of Intent to Sue alleges the agencies have violated the Endangered Species Act (ESA) and the Administrative Procedure Act by allowing unlawful livestock grazing in the conservation area, specifically the Cienega Creek and Empire Gulch. The documents claim that the 2003 RMP for the area is not being followed, and that the biological opinions in effect are based on “false assumptions,” including that cattle are excluded from riparian critical habitat.
The groups contended that because of unauthorized cattle grazing, endangered species have been negatively impacted, including the northern Mexican garter snakes, Western yellow-billed cuckoo, southwestern willow flycatcher, Chiricahua leopard frog, Gila chub and Gila topminnow.
“Our public lands are being treated like discount feedlots, where endangered species have to compete with cows for dwindling water and habitat,” Bugbee said.
The groups called for the agencies to immediately enjoin livestock grazing and the grazing authorizations, as well as to vacate and remand the previous biological opinions. The notice also pressed for a new consultation under the ESA Section 7.
The conservation groups gave the agencies 60 days to respond to the alleged legal violations before the groups will file suit. — Anna Miller Fortozo, WLJ managing editor
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