A trio of environmental organizations is threatening to sue several government agencies over claims of violating the Endangered Species Act (ESA), alleging illegal grazing of livestock in the Valles Caldera National Preserve (VCNP) in northern New Mexico.
WildEarth Guardians, Western Watersheds Project and Caldera Action have sent a letter of intent to sue to the directors of the National Park Service (NPS), U.S. Forest Service (USFS) and U.S. Fish and Wildlife Service (USFWS), stating the agencies are “causing jeopardy, adverse modification of critical habitat, and illegal take” by continuing to allow livestock to enter and remain within the preserve since at least 2017.
“Livestock trampling riparian areas of these protected lands has gone on far too long with federal land managers doing too little to stop it,” said Cyndi Tuell, Arizona and New Mexico director of Western Watersheds Project. “It’s frustrating that the Park Service is breaking its promise to New Mexicans to protect the natural resources in Valles Caldera and has let this situation fester for more than five years. Species on the brink of extinction like the Jemez Mountain salamander need swift action, not agency foot-dragging.”
Valles Caldera is a 13-mile-wide circular depression created by a volcanic eruption in the Jemez Mountains and was designated a National Natural Landmark by NPS in 1975. In 2000, then-President Bill Clinton signed the Valles Caldera Preservation Act, authorizing the purchase of 95,000 acres from a private landowner.
According to the notice of intent, the purpose of the caldera is to preserve and protect the ecosystem and cultural landscapes for the purpose of “education, scientific research,
public enjoyment and use, and cultural continuity.”
USFS has authorized grazing on four allotments in the nearby Santa Fe National Forest. The allotments are the Youngsville, Mesa del Medio and Coyote allotments on the Coyote Ranger District, and the Cebolla-San Antonio allotment on the Jemez Ranger District.
The groups contend NPS staff have been aware that livestock trespassed onto the caldera from the adjacent allotments since 2017. The letter shows information obtained from a Freedom of Information Act request, showing several instances of NPS and USFS discussing changes to the fencing, but failing to take action.
In October 2018, NPS stated it has no obligation to fence out livestock, but agreed to work with USFS to address trespassing livestock and fencing issues. NPS told Western Watersheds Project in November 2020 that efforts to address trespass livestock coming into the VCNP are ongoing, but fencing is needed. NPS Superintendent Jorge Silva-Banuelos also said New Mexico is an open-range state and the NPS has no obligation to fence the livestock out.
In subsequent years, the groups documented several instances of trespassing cattle, and in May 2022, NPS told Caldera Action that permittees were cutting the fence along the northern border.
In May 2022, volunteers with the environmental groups documented the condition of the northern boundary fence between the caldera and the forest. According to the press release, the boundary fence was lying on the ground and some sections were cut.
The group asserts that livestock grazing impacts three species listed on the Endangered Species Act (ESA). They include the Jemez Mountain salamander, the New Mexico meadow jumping mouse and the Mexican spotted owl.
The groups state that cattle can trample the salamanders and modify their habitat by moving rocks, logs and other debris due to trail establishment. They also note that using trucks and other vehicles within the caldera further alters the salamander’s critical habitat.
They continued that the loss of suitable habitat due to grazing and water diversion has threatened the jumping mouse, as livestock concentrate in riparian areas due to the proximity to water sources and graze native riparian vegetation. They said the loss of native vegetation harms the mouse’s habitat and introduces invasive species.
For the spotted owl, the notice of intent states the effects of livestock grazing are complex due to “the interrelationships of grazing and other ecological processes such as changes in herbaceous plant composition, woody vegetation structure, soil stability, ecology, and fire regimes.”
The groups believe neither NPS nor USFWS has completed an ESA consultation within the caldera to assess the effects of cattle grazing. USFS and USFWS completed some Section 7 of the ESA consultation in the Santa Fe National Forest on the impacts of grazing on the three species, and found in a 2018 biological opinion that grazing may affect and is likely to affect the salamander in the four allotments adversely. USFWS also included an authorization for incidental take of the salamander in the biological opinion.
The groups said the agencies violated Section 7 of the ESA by failing to initiate and complete consultation on their decisions to allow livestock to enter and remain within the VCNP repeatedly.
“The federal agencies violated Section 7(d) of the ESA by allowing livestock to enter and remain within the VCNP before completing adequate and lawful consultation. Such actions constitute an ‘irreversible and irretrievable commitment of resources’ and warrant an injunction,” the notice of intent states.
The groups also contend the agencies violate Section 9 of the ESA by authorizing the take of ESA-listed species and allowing the cattle to graze in the VCNP.
The agencies have 60 days to respond to the notice dated Oct. 19, or they will seek declaratory and injunctive relief. —Charles Wallace, WLJ editor
