Groups sue over federal rejection of effort to protect prairie dog

Gunnison's prairie dog decision based on 'junk science'

SANTA FE, N.M. (AP) - Environmental groups on Wednesday challenged the federal government's decision not to protect the Gunnison's prairie dog under the Endangered Species Act, saying the finding was ordered by a Bush administration appointee based on "junk science."

The U.S. Fish and Wildlife Service announced in February it would not conduct an in-depth review toward listing the animal as threatened or endangered. The agency said a petition from environmentalists did not present substantial information that a listing may be warranted.

But Wednesday's lawsuit alleges agency biologists were ordered by Julie MacDonald, a civil engineer without training in biology, to reverse their original finding that the listing should be considered.

The lawsuit was filed in U.S. District Court in Washington, D.C., against Fish and Wildlife Service Director Dale Hall and Interior Secretary Dirk Kempthorne. Among those suing were three biologists identified as having extensively studied the species.

The Interior Department referred a request for comment to the Fish and Wildlife Service in Washington, which did not immediately return a call from The Associated Press.

The environmentalists and biologists want a federal judge to declare that the defendants violated the Endangered Species Act and to set aside the decision on the listing.

The animal is native to central and northern New Mexico and parts of Colorado, Arizona and Utah.

Fish and Wildlife admits the species has declined by 97 percent over the past century, the lawsuit said. The Gunnison's prairie dog, slightly smaller than four other North American prairie dog species, is threatened by habitat loss, poisoning, shooting and plague, the lawsuit said.

The federal agency found as early as Sept. 30, 2005, that a listing might be warranted, and maintained that position in a series of drafts through Jan. 13, 2006, the challengers contend. The agency intended to initiate a 12-month status review.

However, it then changed its position _ a decision the lawsuit said was not made by agency biologists and not based on the species' status or the threats it faced.

MacDonald, a special assistant in the Interior Department, directed the regional office to change the decision from positive to negative, and the Washington office made the revisions, the lawsuit alleged.

The environmentalists contend the finding violated the Endangered Species Act by failing to base the decision on science or to consider whether the species is in danger in a significant portion of its range or is hurt by drought, oil and gas activities and sprawl. The lawsuit alleges the decision also improperly relied on promised future measures for management.

Santa Fe-based WildEarth Guardians and 73 other organizations and individuals requested a threatened or endangered species listing in February 2004 for the prairie dog.

WildEarth Guardians, the Biodiversity Conservation Alliance, the Center for Biological Diversity, the Center for Native Ecosystems and the Utah Environmental Congress sued in December 2004, alleging Fish and Wildlife failed to issue a decision on the petition within 90 days as required.

The agency's February decision said the petition for listing lacked substantial scientific information. The decision said the agency could not conclude the population was declining without data about the species' current status and population trends.

Wednesday's lawsuit was filed by WildEarth Guardians; Flagstaff, Ariz., biologist Con Slobodchikoff; Albuquerque biologist David Lightfoot; retired state wildlife biologist Bob Luce of Arizona; Public Employees for Environmental Responsibility; the Center for Native Ecosystems; the Wildlands Conservation Alliance; and Jews of the Earth.

It has been assigned to U.S. District Judge Gladys Kessler.

Copyright 2006 Santa Fe New Mexican - Reprinted with permission