The designation of tens of thousands of
acres as “critical habitat” for the jaguar is illogical — and illegal —
because the species hasn’t been present in the region for years
Albuquerque, N.M.; May 21, 2015:
Attorneys with Pacific Legal Foundation (PLF) have just sued the U.S.
Fish and Wildlife Service (FWS) for illegally designating tens of
thousands of acres in New Mexico’s Hidalgo County as “critical habitat”
for the jaguar even though the species has not been sighted in the
county, or anywhere else in New Mexico, for years; indeed, the state
doesn’t even have any environmental features that are essential to
jaguar recovery.
Donor-supported PLF is a watchdog organization that litigates
nationwide for limited government, property rights, and a balanced
approach to environmental regulations. In asking the court to overturn
the designation of jaguar critical habitat in New Mexico, PLF attorneys
represent three broad-based organizations with members who are harmed by
this reckless and unjustified expansion of federal Endangered Species
Act (ESA) regulations in the region — the New Mexico Farm &
Livestock Bureau, New Mexico Cattle Growers’ Association, and New Mexico
Federal Lands Council.
PLF represents these organizations free of charge, as with all its clients.
Reckless regulating: Roping off “critical habitat” for a species that isn’t there
The jaguar’s global population is estimated to be at least 30,000; 90
percent live in tropical, jungle, and swamp habitats in Central and
South America. According to the FWS Recovery Outline for the species,
there are no jaguar populations in New Mexico — or anywhere in the
United States.
The jaguar has been listed as “endangered” under
the ESA since 1972; but the FWS did not designate any terrain as
“critical habitat” for the species until more than 40 years later (in
2014), and then only in response to a lawsuit by environmental
activists. This long practice of not designating jaguar habitat
reflected a basic biological reality, at least in New Mexico: The state
has not been occupied by jaguars in many decades, and it is not home to
any environmental features that are essential to the future of jaguar
recovery. Indeed, the closest jaguar population to New Mexico is a
small one (100 animals or fewer) living fully 130 miles south of the
border, according to the FWS’s Recovery Outline.
Hurting landowners and wasting environmental resources
“Habitat designations mean significant — sometimes crippling —
restrictions on property owners and managers, both private and public,”
said PLF Senior Staff Attorney Tony Francois. “They also compete for
the limited money and resources available for environmental protection.
“Clearly,
the government doesn’t have the luxury of careless overreach when it
comes to roping off property as critical habitat,” he continued. “But
that’s exactly what we see with the jaguar habitat designation in New
Mexico. The bureaucrats have cordoned off tens of thousands of acres
for a phantom species. This amounts to reckless regulating, and a
heavy-handed power play against landowners.
“At most, only two
jaguars have been credibly sighted anywhere in the state over the past
four decades,” Francois noted. “There are no breeding pairs or evidence
of resident jaguars in the state. This species’ connection to New
Mexico is a matter of distant memory, not recent reality. There is no
justification for bringing down the regulatory fist on property owners,
and wasting scarce environmental resources.”
Jaguar regs’ threat to fire prevention
A significant portion of the New Mexico habitat designation lies
within the Coronado National Forest — creating an impediment to
fire-prevention and fire-fighting initiatives in that region.
Indeed,
the FWS’s “Final Critical Habitat Designation” for the jaguar admits
that the designation of critical habitat creates new regulatory hurdles
for forest-fire management strategies, such as “fuels-management
activities, and some prescribed fire.”
“Over and above the legal
issues, it’s simply poor public policy to designate a fire-prone
National Forest as critical habitat for an animal that isn’t there,”
said Francois. “Important projects to reduce fire risk will be impeded
by new layers of bureaucracy and a time-consuming approval process. It
will be harder to implement effective, flexible fire-prevention
strategies. This means increased danger of catastrophic wildfire, with
potentially devastating impacts not just for people, property and
natural resources — but also for species. That’s right: The
environment is at greater risk because of unjustified regulations by the
very bureaucrats who are paid to protect the environment.
“The
jaguar habitat designation can also impede development of community
infrastructure like road improvements and pipelines, and range
improvements for cattle ranches that are important to the local
community and economy,” he noted.
Statement from the New Mexico Farm & Livestock Bureau
“Food producers in New Mexico are under the gun as the federal
government continues to endanger their livelihood,” said Chad Smith, CEO
of the New Mexico Farm & Livestock Bureau. “The designation of
tens of thousands of acres of prime New Mexico ranch lands as critical
habitat for endangered jaguars is one more example of how endangered
species have taken precedence over people. We must restore balance, and
members of the New Mexico Farm & Livestock Bureau ask the federal
government to ensure a successful future for ranchers in Southern New
Mexico by overturning the designation of jaguar habitat.”
Filed in the U.S. District Court for the District of New Mexico, the lawsuit is
New Mexico Farm & Livestock Bureau, et al. v. Jewell. More information, including the
complaint, may be found at PLF’s website:
www.pacificlegal.org.
About Pacific Legal Foundation
Donor-supported
Pacific Legal Foundation is the leading legal watchdog organization
that litigates for limited government, property rights, and a balanced
approach to environmental regulations, in courts across the country.