PLF and Riverside County Farm Bureau sue to force action on kangaroo rat delisting petitions

SACRAMENTO, CA; December 14, 2009:  The U.S. Fish and Wildlife Service must stop dragging its feet and issue a delisting decision in response to petitions from the Riverside County Farm Bureau to remove the Stephens kangaroo rat (SKR) from listing under the Endangered Species Act.

So argues a lawsuit filed in federal court today by attorneys with Pacific Legal Foundation, representing the Riverside County Farm Bureau.

PLF is the nation’s leading legal watchdog for property rights and a balanced approach to environmental regulations.

"For 14 years, the U.S. Fish and Wildlife Service has been disobeying the legal deadline for properly responding to the Riverside County Farm Bureau’s petition to delist the SKR," said PLF attorney Damien Schiff. "Today we are asking a federal court to order the agency to get off the dime, obey the law, and issue a decision on SKR delisting." The case is Riverside County Farm Bureau v. Salazar. The complaint and the 1995 delisting petition is available on PLF’s Web site.

Nearly 15 years of federal foot-dragging

The Stephens kangaroo rat was added to the Endangered Species Act list in 1988. The Farm Bureau argues that the information gathered by the FWS to place the SKR on the endangered list significantly overestimated the threats to the SKR’s survival and significantly underestimated habitat available for the SKR. The Farm Bureau’s first petition to delist the SKR was submitted on May 1, 1995. Under the ESA, the agency had 90 days to determine whether the petition had merit, but the FWS never responded to the Farm Bureau’s petition.
　
On February 25, 2002, the Farm Bureau submitted a second petition to the FWS to delist the SKR.

Although the FWS responded with a determination that the delisting of the SKR might be warranted by the science, it has not followed through on its legal obligation to issue a final "determination," or ruling, on delisting.

"The Farm Bureau’s Board of Directors believes it has given the FWS ample time to do its studies and determine if the Stephens kangaroo rat should or should not remain on the Endangered List," said Steve Pastor, executive director of the Riverside County Farm Bureau. "It is now time to settle this question through the court system."

The historic range of the Stephens kangaroo rat includes western Riverside County, southwestern San Bernardino County, and parts of northern and central San Diego County.

The listing’s harm to property owners

The continued listing of SKR is being challenged because it is scientifically dubious and because the listing has led to significant restrictions on private property. For instance, to protect the SKR, government officials began restricting brush-clearing by farmers and ranchers. In 1993, after these prohibitions were implemented, intense brush fires destroyed several homes.

Pacific Legal Foundation is well-versed in litigation to compel federal environmental officials to stop stalling on delisting actions. For instance, PLF attorneys won the lawsuit that forced the Fish and Wildlife Service to cease delaying and remove the bald eagle from the Endangered Species Act list.

Summary: PLF and Riverside County Farm Bureau sue to force the U.S. Fish and Wildlife Service to act on Stephens kangaroo rat delisting petitions. The case is Riverside County Farm Bureau v. Salazar. The complaint and the 1995 delisting petition is available at PLF’s Web site.

About Pacific Legal Foundation
Pacific Legal Foundation is the oldest and most successful public interest legal organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulation.

A brief video about PLF’s history and mission, including comments by former U.S. Attorney General Edwin J. Meese III, can be viewed at http://www.youtube.com/watch?v=HnBSlRQwxKU.