Bush admin. ignored 'best science' for grouse listing
In deciding not to extend federal protections to the greater sage grouse, the Bush administration ignored experts and allowed the decision to be "tainted by the inexcusable conduct" of a senior Interior Department official, a federal judge in Idaho ruled on Dec. 4.
US District Judge B. Lynn Winmill overturned the US Fish and Wildlife Service's 2005 decision not to place the bird on the endangered species list and ordered the agency to reconsider the issue.
The decision could have widespread ramifications for sage grouse habitat, which includes portions of at least eight Western states, including large swaths of Montana and Wyoming and the Powder River Basin, where there's intense interest in energy development.
The species has been declining for decades and now occupies about half of its original, year-round habitat.
The bird faces "accelerating threats" on several fronts, including invasive weeds, fires, oil and gas development and livestock grazing, Winmill noted in his 35-page ruling.
"What an odd process," Winmill wrote. "Right at the moment where the 'best science' was most needed, it was locked out of the room."
The judge also noted the extensive involvement of Julie MacDonald, a deputy assistant secretary with the Department of Interior, which oversees the Fish and Wildlife Service.
MacDonald, a political appointee, used "intimidation tactics" and altered the "best science" to fit a decision not to list the sage grouse, Winmill noted. Winmill described MacDonald as "neither a scientist nor a sage grouse expert."
MacDonald resigned in May after an Interior Department inspector general investigation concluded that the agency's scientists were being pressured to alter their findings on endangered species.
The ruling could mean trouble for the oil and gas industry in Colorado and elsewhere in the Rockies, where energy development often overlaps sage grouse territory.
An endangered species designation for the bird could restrict industry access to certain lands or create costly delays while drilling companies navigate federal regulations.
Doug Hock, a spokesman for energy giant EnCana said the company would prefer to see voluntary protections continue, including the company's own steps to preserve and restore habitat for the bird.
A listing, he said, "would be detrimental to us as an industry, and we don't believe it would be ultimately the best solution."