WildEarth Guardians

Thursday, August 17, 2006
WildEarth Guardians' Notice of Intent to File Suit Over Violations of the Endangered Species Act Regarding the 2006 Negative 90-

A dozen scientists, spiritual leaders, and conservation groups sent a Notice of Intent to Sue the Fish and Wildlife Service over the agency's refusal to conduct a full review over whether to list the Gunnison's prairie dog under the Endangered Species Act
Contact: WildEarth Guardians

Pursuant to the citizen suit provision of the Endangered Species Act ("ESA"), this is a sixty day notice on behalf of WildEarth Guardians and other interested parties of intent to sue the U.S. Fish and Wildlife Service ("FWS") over violations of the ESA in regards to the February 7, 2006 90-day finding that the February 2004 petition to list the Gunnison's prairie dog as threatened or endangered under the ESA did not present substantial scientific information indicating listing may be warranted.

On February 23, 2004, WildEarth Guardians, as well as 73 individuals, realtors,homebuilders, religious organizations, small business owners, and conservation organizations submitted a petition to list the Gunnison's prairie dog as a threatened or endangered and designate critical habitat pursuant to the ESA and the Administrative Procedures Act.

The petition, which was over 100 pages long, drew upon over 170 sources ofscientific information. Among other things, the petition called upon the Secretary of the Interior and the FWS to list the Gunnison's prairie dog as threatened or endangered under the ESA because of significant population declines, habitat loss and degradation, ongoing threats to habitat, overutilization due to shooting, unrestricted poisoning, threats attributed to disease, inadequate regulatory mechanisms, and other factors including drought.

The scientific information presented in the petition demonstrates that theGunnison's prairie dog faces significant threats to its existence such that listing the Gunnison's prairie dog may be warranted. The Secretary of the Interior has violated the ESA's mandatory duties by (1) failing to limit review to the petition and documents already in the FWS's files; (2) failing to applythe "substantial information" standard; (3) failing to apply the significant portion of range standard; (4) considering voluntary and/or future measures; and (5) ignoring, misconstruing, and/or subverting scientific information.

View the notice (PDF)