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The coalition asked a federal judge to declare that Fish and Wildlife violated the Endangered Species Act by failing to make a determination on critical habitat and to order the agency to make a decision Santa Fe, NM - (AP) A coalition of environmentalists has sued the U.S. Fish and Wildlife Service, alleging the agency ignored the group's petition to designate critical habitat for the endangered northern aplomado falcon in New Mexico, Arizona and Texas. WildEarth Guardians, the Chihuahuan Desert Conservation Alliance and Public Employees for Environmental Responsibility filed their complaint Monday in federal court in Santa Fe, saying they filed the petition in September 2002 and that federal law requires the agency to act within a year. The coalition asked a federal judge to declare that Fish and Wildlife violated the Endangered Species Act by failing to make a determination on critical habitat and to order the agency to make a decision. Vicki Fox, a spokeswoman for Fish and Wildlife in Albuquerque, said Tuesday the agency does not comment on litigation. However, in similar cases elsewhere the agency has maintained that a lack of money and the number of petitions allows it to respond only to cases backed by a court order. The falcon was listed as endangered in 1986. The government said at that time that factors contributing to the listing included destruction and modification of the bird's habitat by overgrazing, use of pesticides, suppression of range fires and the failure to protect the habitat by regulations. When the bird was listed, the agency did not designate critical habitat because of a lack of known nesting areas in the United States. The coalition argued that has changed, pointing to the 2002 nest site near Deming and sightings of the falcon in that area, on Otero Mesa and near White Sands Missile Range and Fort Bliss, Texas. Copyright 2006 New Mexican - Reprinted with permission |
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