Environmental groups have sent a notice of intent to sue the Biden administration for the continued trespass of cattle on protected habitat in the Agua Fria National Monument in central Arizona.
The Center for Biological Diversity and Maricopa Audubon Society sent a 60-day notice on Nov. 30 stating the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (USFWS) has failed to prevent ongoing harm to the Gila chub and Western yellow-billed cuckoo in violation of the Endangered Species Act (ESA). The groups also contend grazing harms critical habitat designations and they have documented cattle damage for the last three years.
The national monument was created in 2000 through a presidential proclamation and encompasses 70,900 acres of BLM-administrated land and 1,444 acres of private land in southeastern Yavapai County, AZ. The proclamation states the area’s cultural resources and biodiversity should be protected, and according to the letter, land managers should ensure proper care and management.
“For three years, our surveys have found cattle grazing tearing up endangered species habitat, and for three years, Biden officials have done nothing to fix the problem,” said Taylor McKinnon of Center for Biological Diversity. “The cows need to go now. The administration needs to end this chronic failure to protect endangered species from cattle damage, not just in Agua Fria National Monument, but throughout the Southwest.”
The letter states the environmental damage documented in 2023 underscores the substantial and ongoing negative impact of BLM’s neglect of public land protection despite written seasonal limits and restrictions on grazing. At issue are the Horseshoe, Box Bar, E-Z Ranch, 2Y and Sycamore allotments within the monument. The groups claim surveys revealed grazing on these allotments diminishes the likelihood of successful chub and cuckoo reproduction and directly destroys components of their critical habitat.
The letter continued that despite previous biological opinions and regulations governing the Horseshoe Allotment, BLM’s legal violations persist, and the groups intend to challenge specific actions, including the 2018 Horseshoe Allotment renewal.
In addition to violating the ESA, the letter contends BLM violates the Administrative Procedure Act, with adverse impacts on irreplaceable archaeological treasures, the Antiquities Act and the Federal Land Policy and Management Act.
“We assert that permanent exclusion of cattle in chub and cuckoo critical habitat designations is required so that authorized agency actions follow the legal requirements and intent of the Endangered Species Act and fulfill the affirmative duty of the BLM to conserve listed species,” the letter read.
The environmental groups are asking BLM and USFWS to address and remedy the violations in 60 days, or they will file suit. — Charles Wallace, WLJ contributing editor
