Williams holds leases on BLM land in the Roan Plateau Roan Plateau area, within habitat for DeBeque milkvetch, one of Colorado’s imperiled wildflowers.  This endemic species is known only from a small area around the Roan Plateau and the town of DeBeque, and is thought to survive across a total geographic range of only 300 square miles.  The plant is at risk of extinction from a variety of threats.  Foremost among these threats is the explosion of oil and gas drilling in and around the plant’s range. 

CNE and the Colorado Native Plant Society petitioned the U.S. Fish and Wildlife Service to protect the DeBeque milkvetch under the Endangered Species Act in 2004.  In February of 2007 the Service denied Debeque milkvetch protection under the Act because they believed that BLM had mechanisms in place to avoid potential threats.  

This spring Williams was twice cited for noncompliance by the BLM for failing to implement required mitigations to protect a population of DeBeque milkvetch that was next to one of their well pads.  The first citation was issued when Williams failed to put up temporary fencing around the plants before they started clearing vegetation from the site.  The second citation was issued after Williams dumped fill material on some of the plants at the edge of their pad, on a steep slope that had not been fenced off.  At BLM’s request, Williams carefully removed the fill and uncovered the plants.  Williams explained that the incident resulted from miscommunication.  Williams is currently moving forward with plans to build a surface pipeline in a nearby draw where an extensive Debeque milkvetch population was recently discovered through pipeline clearance surveys.

On our tour, Williams explained that they are actively trying to minimize and mitigate the environmental impacts of their activities.  They also discussed how they are leading the industry in pioneering new technologies that reduce the environmental impacts of oil and gas drilling.  The fact that this well-funded and -staffed company had problems implementing required mitigation measures suggests that we are justified in being concerned about whether BLM has the mechanisms in place to ensure that imperiled species, like DeBeque milkvetch, will be protected from the negative impacts of oil and gas development.  In this case, Williams took steps to fix their mistakes as soon as they were alerted by the BLM.  However, the incidents highlight the potential for inadequate implementation of mitigation measures.

Oil and gas development is often allowed in habitat for endangered, threatened and sensitive species, based on the idea that mitigation measures required by the BLM will ensure that impacts will not cause further declines and significantly increase the risk of extinction.  We have several major concerns about this premise.  The rapid pace of oil and gas development is overwhelming the BLM, and they often do not have adequate staff time to devote to monitoring and enforcement to ensure mitigation measures are implemented.  In addition, oil and gas drilling may have indirect and cumulative effects on imperiled species.  Mitigation measures for rare plants generally only require avoidance of direct disturbance of individual plants when such avoidance is possible.  They do not protect against indirect or cumulative effects that could result from dust, invasion by exotic species, impacts to associated species that pollinate rare plants or disperse their seeds, alteration of hydrology, direct disturbance of individual plants when avoidance isn't possible, etc.      

We appreciate the efforts that industry is taking to reduce and mitigate their environmental impacts, and the time that Williams spent sharing their perspective with us.  However, only time will tell if current mitigation measures will be sufficient to ensure that oil and gas development does not result in eventual extinction of wildflowers like DeBeque milkvetch.  Truly responsible and careful energy development would go beyond a focus on mitigation and reclamation, and recognize that some places, like the sensitive and pristine Roan Plateau, are too special to sacrifice to oil and gas drilling. 

Endangered species recovery is especially challenging these days because of all the delays in securing protection – there’s that saying conservation delayed is conservation denied.  My white-tailed prairie dog experience is a good example of all the unnecessary roadblocks out there that keep species from getting the help they need.

One of my first tasks when I came on with Center for Native Ecosystems in 2001 was to research and write the petition to protect the white-tailed prairie dog under the Endangered Species Act.  It took a little over a year, and the petition we submitted July 11, 2002 ended up being over 300 pages long.  It was important to us to provide a strong, science-based assessment of the prairie dog’s status and the threats facing the species.  And, even though Congress set a relatively low bar for preliminary findings under the Act so that the U.S. Fish and Wildlife Service would be more inclined to investigate than to dismiss a citizen’s warning that a species was in trouble, the Service had slowly been ratcheting up the bar for positive findings, making them harder and harder to obtain.

The Act requires that the Service decide within 90 days of receiving a petition whether there is enough information to do their own investigation of the species’ status.  Unfortunately, these days they never meet this deadline, and a lawsuit is necessary to prompt the agency to review the petition at all.  In November 2002, four months after we submitted the petition, we gave the Service the 60 days’ warning that the Act requires before filing suit  In February 2003 they sent us a letter saying they did not have the funds to make the petition finding, so we filed our lawsuit.  Thirteen months later the Service settled the lawsuit and said they would finally review the petition by November 2004.

That was the negative finding that now the Service admits they were forced by Julie MacDonald to make.  We asked for the record of the Service’s decisionmaking right away, but were only given a few documents.  To get the full story we would need to file a Freedom of Information Act request.  But in the meantime my work had expanded to include many other species, including Pariette cactus which was immediately threatened by a big drilling proposal, which became a major focus for me.  The FOIA request went on the back burner until August 2006 when the Gunnison’s prairie dog petition met an almost identical fate.

Finally we got the documents via FOIA in late October (FOIA requires that agencies respond within 20 working days, but that is another deadline that is rarely met…).  The Washington Post broke the story, the Democrats took control of Congress, the Interior Department's Inspector General investigated MacDonald, and the House Natural Resources Committee started demanding answers about the white-tailed prairie dog and other Endangered Species Act decisions.  In May we filed another 60-day warning that we intended to sue the Service for illegally making the prairie dog finding based on politics rather than science, but did not hear anything back.

Finally, last week, the Service announced that the white-tailed prairie dog petition finding was wrong, and that they plan to move ahead to the next stage and do their own status review.  But, they said they would do this “when funds are available”.  With no deadline, this is another empty promise because species linger without protection for decades because of lack of available funds.  That means we probably will have to sue yet again just to get a date by which the Service will do the status review.

If we get lucky and the Service does an honest review that proposes Endangered Species Act protection for the prairie dog, there still will be another year of public comment before the Service would finalize protection.  So, the prairie dog’s long road to protected status is still far from over.  None of this is the fault of the Act itself – it is poor implementation that stands in the way of protection.

Nicole Rosmarino with Forest Guardians joked one time that she was celebrating the third anniversary of the black-tailed prairie dog’s Candidate status and was trying to come up with a good traditional anniversary present – something crystal.  I just looked up fifth year anniversary gifts (= years since the petition), and the choices are wood or silverware.  Let me know if you have any gift suggestions along these lines for the white-tailed prairie dog.

Colorado Natural Areas Program staff and their support group Friends of Colorado Natural Areas coined a snappy fundraising slogan for our joint campaign to protect the endangered clay-loving wild buckwheat found on the Wacker Ranch:  "Buckwheat:  it's not just for pancakes anymore."  Last Friday, they took the clever catchphrase one step further and actually served a buckwheat pancake breakfast at our event celebrating the purchase and protection of the Wacker Ranch.  The celebration was a terrific success.

Several reporters, local residents, members of the Montrose-based Uncompahgre Valley Association and Western Colorado Congress, Bureau of Land Management field staff, representatives from the U.S. Fish and Wildlife Service, and even a Montrose County Commissioner attended the celebration, held amid a stand of black sage and saltbush at the head of the Wacker Ranch property.  On hand were members of each of the organizations involved in the campaign, including The Nature Conservancy, Colorado Natural Heritage Program, Colorado Native Plant Society, and us.

Rob Billerbeck, director of the Colorado Natural Areas Program (CNAP), welcomed everyone and told the story of how the unique coalition of state agencies, non-profit organizations, and private landowners came together to preserve the Wacker Ranch Natural Area.  Brian Kurzel of CNAP explained how the fundraising for the campaign happened.  Dave Gann of the Nature Conservancy talked about his organization's role in managing the property on behalf of the Colorado Natural Areas Program for the next several decades.  Rob and Brian then honored each of the players in the campaign for their role in this novel success, including Peggy Lyon from the Colorado Natural Heritage Program (who has done much of the surveying and field research on the buckwheat and the property), Ellen Mayo of the Fish and Wildlife Service (who helped the coalition apply for and secure a grant from the Service to allow the purchase of the property), and us. 

Perhaps the most important guests who were honored at the event were Harold and Kathleen Wacker, the original owners of the property.  Harold and Kathy bought the property more than 30 years ago.  They first became aware of the endangered clay-loving wild buckwheat when they allowed The Nature Conservancy onto their land to survey for rare plants.  Since then, they have remained responsible stewards of the species, protecting it from livestock trampling, off-road vehicle tresspass, and other threats, even as the properties around them inexorably converted into tract homes.  When they were ready to sell the half of their property containing the buckwheat, they contacted CNAP and the The Nature Conservancy about buying it and were willing to allow our coaltion to hold the option to buy while we continued our fundraising efforts.

Now, the Wackers continue to live next door and remain involved with the coalition as it decides how to manage the Wacker Ranch Natural Area to protect the clay-loving wild buckwheat and other outstanding natural values found there.

After the Wackers and others were recognized for their roles in this great success, the group was escorted on a tour of the property via the one trail allowed on the land, an old road bed that rises to an overlook.  Photographers from the attending media and others snapped pictures as Peggy Lyon and others introduced the guests to the buckwheat's unique habitat.  Peggy shared with the group the impressive results of a species survey she conducted on the property a few months earlier, during which she was able to find a much greater diversity of species than originally suspected, including other rare plants and animals.  In addition to the endangered buckwheat, the Wacker Ranch Natural Area supports the rare desert parsley and the Adobe penstemon, both of which have been considered for Endangered Species Act protection due to their scarcity.  Peggy also found the highly imperiled Gunnison's prairie dog and the northern leopard frog, a species Center for Native Ecosystems recently petitioned for Endangered Species Act protection.  Joining Peggy as interpreter for the tour was Barbara Hawke of the Black Canyon Land Trust, who showed the group the rare lichens that are found on the property as well.  It may sound unusual to say that this or that lichen species is rare or threatened, but lichens are in fact a vital, if fragile, piece of the semi-desert landscape in the Adobe Hills, and many varieties are losing habitat rapidly as the area gets developed.

After the public event, the Advisory Committee for the Wacker Ranch Natural Area met to continue our discussion of ongoing management needs for the property.  The agenda was focused on the most urgent management needs, so naturally weeds were at the top of the list.  Like so many Western landscapes, the Adobe Hills that encompass the Wacker Ranch are threatened by invasion from noxious weeds and other exotic species which displace native plants.  Fortunately, many of the partners on the Advisory Committee, like Colorado Natural Heritage Program and Colorado Native Plant Society (CoNPS), have lots of experience with battling weed infestations that threaten native plants.  Dickson Pratt, a CoNPS member in Montrose who has extensive experience with safe weed control measures, generously volunteered to begin immediate control measures on the most urgent weed challenge on the Wacker Ranch, Russian knapweed which has encroached on the front section of the property.  Fortunately, this aggressive weed has not reached the section of the property which supports clay-loving wild buckwheat, but left unchecked it can quickly spread.  With so much land disturbed by agriculture and housing development nearby, weed encroachment will continue to be a management challenge on the Wacker Ranch, but with knowledgeable volunteers like Dickson and CNAP Volunteer Steward Brenda Balfus-Williams, we will continue to meet the challenge.

Center for Native Ecosystems has been tremendously excited to be part of this unique collaborative effort to secure the Wacker Ranch Natural Area.  Not only are we proud to support the state Natural Areas Program and to work with such diverse and excellent partners, we also have been gratified to participate in a cooperative solution to an endangered species challenge with allies that many people assume are always on the other side of endangered species situations from us, like private landowners and the Fish and Wildlife Service.  Though we often find ourselves forced to rely on our tools of last resort, such as litigation, to protect the endangered species and habitat in our region that are so threatened these days, our actual tool box is much larger and includes tactics like collaboration with landowners and outright land purchases.  We are proud to be a part of the ongoing management of this property and will surely learn many lessons as an organization from being involved in this ongoing effort.

Since the Army announced its plans to nearly triple the 238,000-acre Pinon Canyon Maneuver Site, conservationists,  landowners and politicians such as Reps. Musgrave, Udall and Salazar  have all united to stop the proposed land grab. Not unpredictably, the Gazette has come down squarely in favor of the Army's destructive expansion plan, which would turn more than 400,000 acres of Colorado ranch lands, wildlife habitat and unique ecosystems into an Army training ground.

According to Wooten, the agriculture/conservation alliance that has recently formed on the issue is just one of countless examples of landowners and conservationist finding common ground and working together to benefit Colorado citizens, agricultural interests and unique wildlife:

"Conservationists and ranchers have much in common, and working together is necessary and mutually beneficial. Urban sprawl, invasive weeds and activities that degrade grassland habitats and carbon-storing soils — such as the Army’s Piñon Canyon expansion plan — are the greatest threats to at-risk species and agricultural lands here," said Wooten.

Examples of landowners and conservationists working together that Wooten cited included preserving renewable grassland resources, promoting renewable energy, stopping water grabs along the Front Range, in the lower Arkansas River valley and South Park. Click the following links to read the 7/12/07 letter to the editor the  letter to the editor in full and  the Gazette's  wrong-headed  Op-Ed.

Given Center for Native Ecosystem's work with landowners in the last two years on the Endangered Species Act, U.S. Department of Agriculture conservation incentive programs and harmful legislative policy, we couldn't agree more, Steve.

The House Natural Resources Committee announced their second hearing into "Science and the Endangered Species Act" for July 31st.  Last time, they heard testimony about several cases of interference by political appointees with scientific reviews and decisions for various endangered species.  These cases included ones where former Deputy Assistant Secretary Julie MacDonald ordered scientists on her staff to change their conclusions in order to strip protections from endangered species or even deny endangered status altogether.  This time, the Committee will hear testimony about Vice President Dick Cheney's role in pressuring the Fish and Wildlife Service to reduce protections for endangered fish on the Klamath River, a move that resulted in the largest salmon fish kill in the West.

In that regard, the vice president was "invited" to testify at the hearing on July 31st.  It will be interesting to see how he responds, given that he has recently refused to provide information for other Congressional hearings, claiming he is not legally obligated to share any information with Congress.

Meanwhile, the nomination of former Colorado State Parks Director Lyle Laverty to a top position in the Interior Department is making its way through the Senate.  On Tuesday, the Senate Environment and Public Works Committe had their opportunity to ask Laverty questions, and several Senators made a point of asking him about the Julie MacDonald and Dick Cheney scandals and his position on ethical conduct by political appointees within the Department.  Senator Sheldon Whitehouse (D-RI) cited the survey by Union of Concerned Scientists that found a majority of Fish and Wildlife Service employees were aware of political pressures to alter scientific findings within the Service.  Senator Barbara Boxer (D-CA) also asked Laverty about what he would do about such problems, and he offered his pledge to clean up ethical problems at Interior.  E & E Daily reported that Senator Boxer seemed significantly reassured by what Laverty had to say on the topic, but this is a significant evolution from several weeks ago, when one Senate office told Center for Native Ecosystems staff that Laverty seemed unaware of the Julie MacDonald problem when asked about it in a private interview.

Regardless of Mr. Laverty's particular commitment to cleaning up the Interior Department should he be confirmed, his nomination will not be finalized until some affirmative action is taking by the Secretary of the Interior to address the problem.  Senator Ron Wyden (D-OR) has placed a "hold" on Laverty's nomination until he receives some "reassurance" from Secretary of the Interior Dirk Kempthorne that he is taking concrete steps to fix the broken culture at Interior that allowed Julie MacDonald to interfere with scientific decisions on so many species, including greater sage grouse, Gunnison sage grouse, white-tailed prairie dog, and Gunnison's prairie dog here in Colorado.  Senator Wyden's hold means that hearings such as the EPW Committee hearing yesterday can occur, but a floor vote to confirm Laverty's nomination will not happen until Wyden lifts the hold.  Center for Native Ecosystems and others are working with Senator Wyden's staff now to determine appropriate benchmarks for their request of Secretary Kempthorne.  If the Secretary's anemic attempts to address the ethics scandals so far are any indication, Laverty may be waiting in limbo a long time.

Below is the full text of the E & E Daily reporting on these two situations:

INTERIOR:  Nominee promises to scrub department of ethics problems