In reversing the Fish and Wildlife Service's finding yesterday, District Court Judge B. Lynn Winmill held that the agency's faulty decision "lacked a coherent analysis of the deterioration of [sage-grouse] habitat and the regulatory mechanisms designed to protect the sage-grouse" and was "tainted by the inexcusable conduct of one of its own executives...[former Deputy Assistant Secretary of the Interior] Julie MacDonald."

Judge Winmill specifically found fault with the Fish and Wildlife Service's assessment of the impacts of energy development on Bureau of Land Management lands.  His ruling also noted extensively the interference of Julie MacDonald in the agency's review of the best available science.  Beyond MacDonald's involvement, however, Judge Winmill also found the Fish and Wildlife Service's process for developing this negative finding to be inappropriate, at one point stating:  "What an odd process. Right at the moment where the 'best science' was most needed, it was locked out of the room."

Key excerpts from the federal court decision:

"Sage grouse populations have been in significant decline for decades. While the rate of decline has recently slowed, the sage-grouse's habitat is being subjected to accelerating threats from invasive weeds, fires, energy development, and livestock grazing. About one-half of the original area occupied by sage-grouse is no longer capable of supporting sage-grouse on a year-round basis." (p. 2)

FWS decision process, by excluding sage-grouse experts from the listing decision, "creates opacity when transparency is required." (p. 2-3)

"Furthermore, the FWS decision lacked a coherent analysis of habitat and the regulatory mechanisms and the regulatory mechanisms designed to protect the sage-grouse." (p. 3).

"Finally, the FWS decision was tainted by the inexcusable conduct of one of its own executives, Julie MacDonald, [whose] tactics included everything from editing scientific conclusions to intimidating FWS staffers." (p. 3).

"MacDonald had extensive involvement in the sage-grouse listing decision, used her intimidation tactics in this case, and altered the "best science" to fit a not-warranted decision." (p. 34)

Read the entire ruling on our website, as well as the Sagebrush Sea Campaign's media release about the ruling.

Also, read recent media coverage of the ruling, including the Associated Press story in the Casper Star Tribune and local reporting in the Rocky Mountain News, Idaho Statesman, and Billings Gazette.