The 10th Circuit Court of Appeals has rejected an attempt by the Northern New Mexico Stockman’s Association and the Otero County Cattleman’s Association in New Mexico to overturn the New Mexico meadow jumping mouse’s critical habitat designation in the Southwest.
The two associations filed a petition in 2018 on behalf of cattle producers in the state, as several areas designated as critical habitat for the jumping mouse overlapped with ranchers’ grazing allotments.
The associations argued that in a 2016 final rule to designate critical habitat for the mouse, the U.S. Fish and Wildlife Service (USFWS) did not comply with the Endangered Species Act (ESA), did not consider the impact of designation on ranchers’ water rights, and abused its discretion by not excluding certain areas from the mouse’s critical habitat designation.
The district court rejected the associations’ claims and denied their petition for review. In an April 15 decision, the 10th Circuit Court of Appeals affirmed the district court’s dismissal.
The court determined USFWS’ method to assess the economic impacts of critical habitat designation complied with the ESA, the agency considered the effects of the designation on the ranchers’ water rights, and USFWS reasonably supported its decision not to exclude certain areas from the critical habitat designation.
Conservation groups celebrated the decision. “I’m thrilled that the 10th Circuit upheld essential habitat protections for this adorable jumping mouse that stands on the brink of extinction,” said Ryan Shannon, a staff attorney at the Center for Biological Diversity. “Now I hope we can focus on recovery for these animals, rather than defending them from cynical attacks.”
Background
In 2016, USFWS published a final rule designating about 14,000 acres in New Mexico, Arizona and Colorado as critical habitat for the jumping mouse. USFWS determined most costs associated with the critical habitat designation would arise from efforts to reduce the impact of livestock grazing on the mouse’s habitat, as “livestock grazing presents a unique threat to the jumping mouse and its habitat because ‘cattle tend to concentrate their activity in riparian habitat,’” according to court documents.
The service planned to build fences to keep livestock away from the habitat, in addition to reducing animal unit months on U.S. Forest Service grazing allotments. The agency also said ranchers who graze livestock in the critical habitat areas may need to shift their grazing rotations or develop alternative water sources to minimize degradation of the mouse’s habitat. — Anna Miller,WLJ managing editor
