Lame-duck riders run afoul of sage grouse advocates

Last month’s passage of the National Defense Authorization Act had conservationists howling over a host of controversial riders touching on everything from wilderness study area releases to perceived giveaways to coal and timber interests. Included in that firestorm of criticism were statements decrying the attached Grazing Improvement Act, which extends livestock grazing permits on federal land even as environmental reviews are being processed, for its potential impacts on greater sage grouse habitat throughout the United States, including Montana. The Center for Biological Diversity dubbed it a “devastating blow” to the sage grouse, and public lands director Randi Spivak says the organization was “profoundly outraged” to see Congress and President Barack Obama approve such a measure. Less than two weeks later, a sage grouse rider attached to a separate piece of legislation—the $1.1 trillion “cromnibus” spending bill—also made it across the president’s desk. The 78-word provision directly barred the Secretary of the Interior from using any funds to write or issue a rule extending Endangered Species Act protections to the greater sage grouse. Conservationists weren’t shocked by the opposition of some in Congress to sage grouse listing, but Obama’s willingness to approve the bill did come as a surprise, Spivak says. She adds that her group will subsequently “double-up” pressure on the president to safeguard the ESA in the future. “I think it’s important that the White House and other champions of wildlife stand strong on what’s right,” she says, “and not let species’ survival be used as a bargaining chip.” The spending bill expires Sept. 30—the same day the Interior is required under court order to decide whether listing of the species is warranted...more 

Is this really about the sage grouse?  Let's dig a little deeper here to find out what's really concerning the enviros.

First is the precedent of the Congress intervening in the administrative/legal processes of the ESA.  Its okay for politicians to pass the legislation, but its not okay for politicians to be involved in how its administered.  Its okay for a single judge to set a deadline, but its not okay for 535 members of Congress to change the deadline.

Second, the enviros just had a hammer stripped from their hands.  In every negotiation with the BLM, Forest Service, state wildlife agency and private land owner, they came to the table with the court-set deadline.  This gave them a distinct advantage in the negotiations.  That hammer is now taken off the table for one year and probably for more years.  They now face equal partners at the table and their ability to extract concessions on grazing, oil & gas leasing, mining, or whatever else is on their agenda, has definitely been weakened.

Its not about the sage grouse, its about hammers.