Posts Tagged ‘wolves’

May02

Ethics Complaint Filed Against Three Oregon Lawmakers Over the Wolf Delisting Bill

For immediate release
May 2, 2016
 
Contact: Nick Cady, Legal Director, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org
 
Ethics Complaint Filed Against State Representatives Over Gray Wolf Delisting Legislation
 
EUGENE, OR – Today, Cascadia Wildlands submitted a complaint to the Oregon Government Ethics Commission alleging numerous false statements and misrepresentations made by State Representatives Greg Barreto, Brad Witt, and Sal Esquivel in order to secure passage of House Bill 4040 (HB4040) during this spring’s legislative session.  HB4040 legislatively removed the gray wolf from Oregon’s list of threatened and endangered species.
 
On November 9, 2015, Oregon’s Fish and Wildlife Commission voted to remove gray wolves from the state’s list of endangered species, despite only approximately 80 wolves residing in the state at the time.  This decision was widely criticized as unscientific and politically driven, and was challenged by Cascadia Wildlands, Oregon Wild and the Center for Biological Diversity in state court.  HB4040 referenced the delisting decision, but the three lawmakers, including Rep. Barreto, the bill’s author and sponsor, asserted both in the course of legislative hearings and through documents distributed to other state legislators that HB 4040 would have no impact on judicial review of the commission’s controversial delisting decision.
 
“Our government is founded upon a system of checks and balances, including access to the courtroom, and these politicians worked overtime to remove our ability to bring this important case in front of a judge,” says Nick Cady, Legal Director with Cascadia Wildlands. “Oregon’s small wolf population and advocates for democracy ended up being the losers.”
 
Conservation advocates repeatedly warned that HB4040 would in fact undermine the public’s ability to challenge the commission’s wolf delisting decision. However, it was not until after the bill’s passage through Oregon House of Representatives that an inquiry by Oregon’s Legislative Counsel Committee uncovered that the only effect of the bill was to prevent judicial review of the wolf delisting decision.
 
On April 22, Oregon’s Court of Appeals dismissed the legal case brought by the three conservation organization, specifically stating the “enactment of HB4040 renders the judicial review moot and dismisses the judicial review on that ground.”
 
ORS 171.764(1) regulating ethical conduct maintains that no public official shall make any false statement or misrepresentation to any legislative or executive official.
 
“Lawmakers undermine the public’s trust when they mislead their colleagues and make false statements,” says Nick Cady, Legal Director with Cascadia Wildlands. “The Oregon Government Ethics Commission should determine whether Representatives Barreto, Witt, and Esquivel were deliberately mischaracterizing HB4040 in their attempt to fast track the removal of protections for Oregon’s recovering wolf population. The misrepresentations surrounding HB4040 allowed the bill to pass through Oregon’s Legislature, and gray wolves will ultimately pay the price.”
 
The ethics complaint lists several instances of lawmakers declaring that HB4040 does not undermine judicial review.
 
 
If found in violation of ethics laws guarding against false statement or misrepresentation, lawmakers could face civil penalties.
Apr15

Lawsuit Challenges Alaska Road Project from Ketchikan to Shelter Cove

For Immediate Release, April 14, 2016
 
Contact:    
Larry Edwards, Greenpeace, (907) 747-7557, larry.edwards@greenpeace.org
Gabe Scott, Cascadia Wildlands, (907) 491-0856, gscott@cascwild.org
Dune Lankard, Center for Biological Diversity, (907) 952-5265, dlankard@biologicaldiversity.org
 
Lawsuit Challenges Road Project From Ketchikan to Shelter Cove
 
KETCHIKAN, Alaska  Five environmental groups sued the U.S. Forest Service and U.S. Army Corps of Engineers today in the federal district court at Anchorage to force supplemental analysis on the environmental consequences of the Ketchikan-to-Shelter-Cove road project on Revillagigedo Island in southeastern Alaska. The project is out for bids, which are due today.
 
The lawsuit challenges the Forest Service's recent approval of a right-of-way easement for a one-mile segment of the road that would cross national forest land, and the Army Corps of Engineers' issuance of a wetland fill permit, which allows seven miles of road (including the national forest segment) to be built. The rest of the construction would be on state land.
 
The road construction would connect Ketchikan to about 53 miles of existing logging roads in the Saddle Lakes area. That region already has a very high road density of nearly two miles of road per square mile; local wildlife populations are already stressed from about 14,000 acres of clearcut logging over the past two decades.
 
"At issue is the connection of Ketchikan to the presently isolated area beyond George Inlet, which has an existing high density of logging roads," said Larry Edwards of Greenpeace. "Making road connections from communities to areas that have a high road density is known to pose a threat to the sustainability of populations of Alexander Archipelago wolves, marten and other sensitive wildlife species due to increased hunting and trapping pressure, including poaching."
 
The 7.3-mile, one-lane gravel road link would be built by the State of Alaska, which put it out for bids March 14. The expected cost is $19 million, and $21 million is budgeted. The construction would extend eastward from the existing White River Road, which now ends at Leask Creek. It would proceed to Salt Lagoon, at the head of George Inlet, and then northward. The north end would connect to an existing logging road that goes eastward to Shelter Cove, on Carroll Inlet.
 
"The federal agencies did not follow federal law to consider hunting and trapping pressure, wildlife disturbance and user conflicts that the road connection will cause," said Gabe Scott of Cascadia Wildlands. "It is important that the agencies go back to the drawing board to ensure that wildlife, hunters and recreational users are fully considered."
 
The suit has no effect on road access from Ketchikan to upper George Inlet or on the potential for a boat launch ramp and dock somewhere along the inlet's shore between the White River and Leask Creek.
 
"Plowing forward with this road connection before determining the consequences of doing so has the process entirely backward," said Dune Lankard, the Center for Biological Diversity's representative in Alaska. "This project is part of the logging industry's grand scheme to access old-growth forests that we're determined to protect."
 
The plaintiffs are the Greater Southeast Alaska Conservation Community, Cascadia Wildlands, Greenpeace, Center for Biological Diversity and The Boat Company. 
 
Plaintiffs are represented by Crag Law Center, of Portland, Ore.
Feb25

House Bill 4040 and the Politics of Delisting Oregon’s Wolves

by Nick Cady, Cascadia Wildlands legal director
 
California's Shasta Pack (CDFW photo)

Shasta Pack

It is astonishing to folks at Cascadia Wildlands that House Bill 4040 (HB4040) was even a topic of conversation this "short" legislative session. Every other year, the Oregon legislature holds a short session that only lasts around one month, and because of the limited time for discussion and debate, usually only non-controversial bills are taken up.
 
However, this session the House passed and the Senate is seriously deliberating over HB4040 despite tremendous controversy, deceit, and enormous amounts of misinformation.  HB4040 would legislatively remove the gray wolf from the state list of threatened and endangered species, precluding the public's right to judicial review to ensure that the delisting is scientifically and legally sound.  
 
This bill's success thus far has been unbelievable for a number of reasons.  First, Oregon still only has around one hundred wolves in the state.  This is approximately seven percent of the state's purported ecological capacity, and the wolves only occupy about 12 percent of their suitable habitat in the state.  Most of the wolves are still concentrated in the northeast corner of Oregon.  We believe that these statistics alone show that wolves, while on the path to recovery (we had zero wolves 10 years ago), have not fully recovered and are not ready for critical protections to be removed. The scientific community has largely agreed with us and offered widespread critique of the Oregon Department of Fish and Wildlife Commission's proposal to delist.
 
Second, Oregon has democratic majorities in both the House and the Senate. We believed, as did the Salem Statesman Journal, that democrats supported the concept that environmental decisions should be made on the basis of sound science and not politics.  In the past, democrats in Oregon have prevented the intervention of special interests in wildlife management, especially when involving threatened or endangered species. For example, four of the past five years extremists in the livestock industry and their lobbyists in Salem have introduced bills aimed at removing protections for wolves, and these bills never got serious attention, largely through pushback by democrats.  We are dumbfounded as to why democratic legislators in Salem are now kowtowing to special interests given that 96% of people who commented on the delisting encouraged retaining the wolf's listed status.
 
Photo taken July 6, 2013 of OR17 with a 2013 pup of the Imnaha pack.  Subadult wolves assist in the raising of the pups. Photo courtesy of ODFW. Download high resolution image.

Photo taken of OR17 with a 2013 pup of the Imnaha pack.

Third, the bill is undemocratic because it precludes judicial review of ODFW's delisting decision.  Essentially, judicial review functions as a crucial part of our government's system of checks and balances.  The legislature makes laws — general guidelines for agency behavior.  The executive or administrative agencies enforce these laws and carry out their execution.  The judicial branch ensures that agency actions comply with the laws.  Here, ODFW and its Commission delisted the gray wolf. Pursuant to our state laws concerning endangered species, such a finding is required to be based upon the best available science and make certain findings, like whether or not wolves have recovered throughout a significant portion of their range in the state.  We believed that because wolves only occupied a small percentage of their range, ODFW failed to make the required findings, and we and our colleagues sought judicial review of the agency decision.  HB4040 amounts to the legislature changing the rules of the game after the agency has already made the decision, exempting ODFW from having to make the requisite scientific findings.  Again, the Salem Statesman Journal put it well: "It would be grossly unfair, and a bad precedent, for the Legislature to change the rules after the litigation has started."
 
Fourth, the bill's proponents weren't being truthful in order to pass it through the House.  When the bill first popped up, Cascadia Wildlands directed its supporters interested in the wolf topic to contact their representatives and tell them to not vote for the bill for all of the reasons above.  The message that was repeatedly received was the representative was supporting the bill because it was simply "a pat on the back" for ODFW, and would not preclude judicial.  We were dumbfounded. Upon close scrutiny, the only reason for this bill, its sole effect, is to preclude judicial review of the wolf delisting. Obviously, lobbyists and even legislators pushing this bill were not being truthful about its effects, and legislators regurgitating this refrain either refused to look at the bill or made a conscious choice to spread the misinformation further.  
 
The true purpose of the bill was uncovered before the Senate Committee on Environment and Natural Resources this week through the honorable efforts of Senators Michael Dembrow and Floyd Prozanski. But instead of killing the bill because of the blatant deceit or at the very least sending it back down to the House with full disclosure about the bill's intent and effects, the Senate Committee passed the bill with a vote of 3 to 2, with Senators Dembrow and Prozanski voting against the bill, and Senator Chris Edwards (D-Eugene) supporting it along with two republicans on the Committee.
 
It appears the divisive politics paralyzing Washington DC and partisan game playing have now infected our state.  
 
We have allies in this fight for sound science.  State Senators Dembrow and Prozanski have worked hard to defeat the bill.  Representative Peter DeFazio (D-OR) has taken up the effort, calling out fellow state democrats for their betrayal of sound science for political games.  
 
This fight is not over yet, and there is still opportunity to turn senators who are on the fence about this bill.  Take action now and also call your local state senator to urge them to vote "no" on HB4040.  And thank you for standing up for Oregon's recovering wolves. 

 

 

Feb03

Cascadia Wildlands Challenges Wildlife Services’ Wolf Killing in Oregon

For Immediate Release, February 3, 2016
 
Contacts:
Nick Cady, Cascadia Wildlands, (541) 434-1463, nick@cascwild.org
John Mellgren, Western Law Environmental Center, (541) 359-0990, mellgren@westernlaw.org
Amy Atwood, Center for Biological Diversity, (503) 504-5660, atwood@biologicaldiversity.org
Bethany Cotton, WildEarth Guardians, (503) 327-4923, bcotton@wildearthguardians.org
Brooks Fahy, Predator Defense, (541) 937-4261, brooks@predatordefense.org
Camilla Fox, Project Coyote, (415) 690-0338, cfox@projectcoyote.org
 
Lawsuit Challenges Wildlife Services' Authority to Kill Wolves in Oregon
 
PORTLAND, Ore. – Conservation groups filed a lawsuit today challenging the authority of the federal wildlife-killing program Wildlife Services to kill any of the approximately 81 remaining gray wolves in Oregon. The legal challenge, filed by the Western Environmental Law Center on behalf of four conservation groups, with Cascadia Wildlands representing itself, comes weeks after a federal court ruled that Wildlife Services’ controversial wolf killing program in Washington is illegal.
 
The groups contend that Wildlife Services failed to explain why killing wolves on behalf of livestock interests should replace common-sense, proactive and nonlethal alternatives such as those reflected in the Oregon Gray Wolf Management Plan. The National Environmental Policy Act requires this analysis and public disclosure. In Oregon and Washington, Wildlife Services completed vague plans to target wolves for livestock depredations but did not explain why nonlethal alternatives would be inadequate.
 
“Federal law requires Wildlife Services to conduct a full and fair evaluation of the ecological impacts of its wolf-killing program in Oregon, and it failed to do so,” said John Mellgren, the Western Environmental Law Center attorney arguing the case. “In addition to protecting gray wolves from being killed, our recent victory in Washington will help to shed light on this secretive federal program, and we hope to continue that process in Oregon.”
 
A federal extermination program under the U.S. Department of Agriculture, Wildlife Services kills roughly 1.5 million to 3 million native animals per year, including wolves, grizzly bears, mountain lions, otters, foxes, coyotes, birds and even domestic pets — with little oversight or accountability. Wildlife Services employs inhumane tools to kill wildlife including aerial gunning, leghold traps, snares and poisons. A 2013 internal audit revealed that Wildlife Services’ accounting practices lacked transparency and violated state and federal laws.
 
“Wildlife Services has for decades taken advantage of a legal loophole to avoid conducting any meaningful analysis of its deplorable killing program, or any assessment of whether its programs are effective at all,” said Nick Cady, legal director at Cascadia Wildlands. “We believe if the agency truly takes a hard look at its activities, the impacts and the costs, these killing programs will be terminated.”
 
NEPA requires Wildlife Services to rigorously examine the environmental effects of killing wolves and to consider alternatives that rely on proven nonlethal methods like range riders, livestock-guarding dogs and shepherds, and disposing of livestock carcasses to avoid attracting wolves and other predators. In both Oregon and Washington, Wildlife Services completed vague analyses that did not consider alternatives and rejected evidence that nonlethal methods are more effective. NEPA also mandates a public comment period for the proposal.
 
“Oregon is no place for Wildlife Services,” said Amy Atwood, endangered species legal director at the Center for Biological Diversity. “Wildlife Services is a rogue agency that uses ineffective, cruel and costly methods to kill wolves instead of common-sense, nonlethal methods that foster coexistence.”
 
“Wildlife Services’ refusal to ensure its activities are based on the best available science leads to unnecessary and harmful killing and strips the public of an opportunity to meaningfully understand and contribute to decisions impacting the health of ecosystems on which we all depend,” said Bethany Cotton, wildlife program director at WildEarth Guardians. “It's past time the dark practices of Wildlife Services are subjected to the sunshine of a transparent public process.”
 
Wildlife Services claims that killing wolves reduces wolf-related losses of livestock, yet recent peer-reviewed research finds that killing wolves leads to an increase in wolf-livestock conflicts. Wildlife Services also failed to address the effects of killing wolves in Oregon, including impacts on ecosystems, wolf populations in neighboring states and on non-target animals that may be killed or injured as a result of the wolf killing program.
 
“It is telling that Wildlife Services was formerly called Animal Damage Control,” said Brooks Fahy, executive director of Predator Defense. “They changed their name, but nothing more. This misnomer of a program is notorious for abuse of power, lack of transparency, illegal activity and brutal treatment of wildlife. It has been criticized by members of Congress, the public and leading predator biologists. Further scrutiny of Wildlife Services’ activities in Oregon is long overdue, particularly now, as the gray wolf faces imminent delisting from state endangered species protections.”
 
“Wildlife Services’ predator control program is ecologically destructive, ethically indefensible and economically unjustifiable,” said Camilla Fox, founder and executive director of Project Coyote. “The science is clear that killing wolves is not effective at reducing conflicts and likely exacerbates problems by destabilizing wolf social structures. How many lawsuits will it take for Wildlife Services to do what’s right?”
 
Wolves were driven to extinction in Oregon by the late 1940s through a government-sponsored eradication program. The species began to return to Oregon from neighboring states and Canada in the early 2000s. In 2012, wolf recovery got back on track in Oregon. It took a legal challenge, but the state’s wolf killing program (separate from Wildlife Services') was put on hold and the wolf population grew from 29 to 81. In November 2015, the Oregon Fish and Wildlife Commission stripped Oregon’s wolves of much needed state endangered species protections. Oregon's wolves face a long road to recovery and ongoing threats — including that of being shot and killed by Wildlife Services.
 
John Mellgren of the Western Environmental Law Center and Nick Cady with Cascadia Wildlands represent the following organizations in the lawsuit: Cascadia Wildlands, the Center for Biological Diversity, WildEarth Guardians, Predator Defense and Project Coyote.
 
Download a copy of the complaint here.
 
###
Dec30

Suit Filed to Restore Endangered Species Act Protections for Wolves in Oregon

For immediate release
December 30, 2015
 
Contact:
Nick Cady, Cascadia Wildlands / 314-482-3746, nick@cascwild.org
Noah Greenwald, Center for Biological Diversity / 971-717-6403, ngreenwald@biologicaldiversity.org
Rob Klavins, Oregon Wild / 541-886-0212, rk@oregonwild.org
 
Photo taken July 6, 2013 of OR17 with a 2013 pup of the Imnaha pack.  Subadult wolves assist in the raising of the pups. Photo courtesy of ODFW. Download high resolution image.

Photo taken July 6, 2013 of OR17 with a 2013 pup of the Imnaha pack. Subadult wolves assist in the raising of the pups. Photo courtesy of ODFW.

PORTLAND, Ore.— Three conservation groups filed a legal challenge  today to the removal of protection from gray wolves under Oregon's Endangered Species Act. According to the challenge, the 4-2 decision by the Oregon Fish and Wildlife Commission to delist wolves violated the law by failing to follow best available science and prematurely removing protections before wolves are truly recovered. With only about 80 known adult wolves mostly confined to one small corner of the state, Oregon’s wolf population is far from recovery, according to leading scientists.
 
“It's simply too soon to remove protections for Oregon’s wolves,” said Noah Greenwald, Endangered Species Program director at the Center for Biological Diversity. “It’s not rocket science that roughly 80 wolves in 12 percent of suitable habitat in Oregon does not equal a recovered population. The gray wolf remains endangered, and protections should never have been removed.”
 
Like the federal law, the Oregon Endangered Species Act requires protection of species when they are at risk in any significant portion of their range. After being extirpated in the mid-20th century, wolves have begun to make a comeback in Oregon but remain absent from nearly 90 percent of the state’s potential habitat. Wolves have only been present west of the Cascades since the wolf known as OR-7 (Journey) trekked across the state in 2011. OR-7 found a mate and established the Rogue pack in southwestern Oregon, the only known pack in the portion of Oregon where wolves are still recognized as federally endangered. But the U.S. Fish and Wildlife Service is proposing to strip wolves of federal protections in most of the lower 48, including where the Rogue pack lives, making the need for continued state protections all the more essential.
 
“Oregon’s endangered species act has provided critical backbone protections for gray wolves,” said Nick Cady, legal director of Cascadia Wildlands. "Oregon law with its science requirements wisely protects endangered species in this state from becoming political gambling chips. The commission’s decision to delist wolves is plain political kowtowing to the livestock industry. This decision was not based in science, it was not based on Oregon’s conservation values, it violated the law, and it will not survive scrutiny.”
 
Hundreds of citizens testified at hearings across the state and more than 20,000 public comments were submitted during the status review. More than 95 percent were in favor of maintaining protections.
 
“Most Oregonians value native wildlife, and wolf recovery has the potential to be a tremendous conservation success story,” said Rob Klavins, a conservation advocate for Oregon Wild in Wallowa County. “We look forward to the day we can celebrate the recovery of wolves in Oregon, but in a rush to declare ‘Mission Accomplished,’ the state caved to political pressure. If there were fewer than 100 elk or salmon or eagles left in the state, the agency would be scrambling to protect them. Wolves are being treated differently.”
 
Oregon’s endangered species act requires that the listing or delisting of a species is based upon the best available, verifiable science. More than two dozen scientists submitted comments to the state highly critical of the delisting proposal. The scientists strongly criticized the state's basis for delisting, documented that the state has not taken appropriate steps to lessen threats to wolves and concluded that wolves remain at risk and should not be delisted at this time.
 
Excerpts from scientists’ comment letters submitted to the state during the public comment period leading up to the commission’s vote to delist wolves:
 
“… it is untenable to think that being extirpated from nearly 90% of current suitable range … would qualify the species for delisting.”
 
—John Vucetich, Professor of Wildlife, Michigan Technological University; Jeremy T. Bruskotter, Associate Professor, School of Environment and Natural resources, The Ohio State University; Michael Paul Nelson, Ruth H. Spaniol Chair of Renewable Resources and Professor of Environmental Ethics and Philosophy, Oregon State University.
 
“It is my expert opinion that the existing [population viability analysis] is fundamentally flawed and does not provide an adequate or realistic assessment of the Oregon wolf population to meet Criterion 1 or 2 or 4, therefore the delisting requirements are not supported by the results of the [population viability analysis] as it was performed.”
 
—Derek E. Lee, Principal Scientist, Wild Nature Institute, Hanover, N.H.
 
“ODFW finds that the wolf is not now (and is not likely in the foreseeable future to be) in danger of extinction throughout any significant portions of its range in Oregon. . . . The reality is that the wolf is past being in danger of extinction throughout many significant portions of its range in OR because it occupies only 12% of its suitable habitat (so is extinct in 88% of its suitable habitat). The interpretation of this section of OR ESA by ODFW is an illegitimate interpretation that . . . also runs contrary to recent scientific literature on significant portion of range.”
 
—Guillaume Chapron, Ph.D., Associate Professor, Grimso Wildlife Research Station, Swedish University of Agricultural Sciences, Riddarhyttan, Sweden.
 
 
Dec21

Huge Legal Victory for Washington’s Wolves

For Immediate Release December 21, 2015
 
Contacts:
Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
Timothy Coleman, Kettle Range Conservation Group, 509-675-3556, tcoleman@kettlerange.org
Bethany Cotton, WildEarth Guardians, 406-414-7227, bcotton@wildearthguardians.org
John Mellgren, Western Environmental Law Center, 541-525-5087, mellgren@westernlaw.org
 
Conservationists deal blow to Wildlife Services in landmark WA wolf case
Court rejects indiscriminate wolf killing
 

OLYMPIA, Wash. – In response to a challenge brought by a coalition of conservation organizations, a federal court rejected plans to escalate cruel wolf killing in Washington state by the secretive federal program dubbed "Wildlife Services." Federal District Judge Robert Bryan held that Wildlife Services should have prepared a more in-depth environmental analysis of the impacts of its proposed wolf killing activities, finding the program’s cursory environmental assessment faulty because the proposed actions would have significant cumulative impacts that are highly controversial and highly uncertain.

Wildlife Services is a controversial program within the U.S. Department of Agriculture’s Animal Plant Health Inspection Service responsible for killing millions of wild animals every year, including wolves, grizzly bears, otters, foxes, coyotes and birds, with almost no oversight or accountability.

Judge Bryan vacated the program’s analysis, stating "Wildlife Services shall not take any further wolf management actions in Washington under the proposed action alternative, but shall observe the status quo in place prior to the environmental assessment and [finding of no significant impact]."

"Wildlife Services has long asserted that it need not comply with our nations’ federal environmental laws, such as the National Environmental Policy Act, but this decision rejects those arguments and requires Wildlife Services to comply with all federal laws, not just those it finds convenient to comply with," said Western Environmental Law Center Attorney John Mellgren.

A 2013 internal audit revealed that Wildlife Services’ accounting practices lacked transparency and violated state and federal laws. The program employs incredibly cruel tools to kill wildlife including aerial gunning, leghold traps, snares and poisons.

"It is long past time that we base wildlife management decisions on the best available science, not on antiquated anti-wolf rhetoric and myth," said Bethany Cotton, wildlife program director for WildEarth Guardians. "Wildlife Services needs to come out of the shadows, update its analyses and adopt practices in keeping with modern science and values about the ethical treatment of animals."

The environmental assessment prepared by Wildlife Services failed to provide data to support several of its core assertions. For example, Wildlife Services claimed that killing wolves reduced wolf-caused losses of livestock, yet recent peer-reviewed research from Washington State University directly contradicts this conclusion, finding that killing wolves actually leads to an increase in wolf-livestock conflicts. The environmental assessment also fails to address the ecological effects of killing wolves in Washington, including impacts on wolf populations in neighboring states and on non-target animals, including federally protected grizzly bears and Canada lynx.

"This decision is so incredibly encouraging," said Nick Cady, legal director of Cascadia Wildlands. "We have been working for over a decade to hold Wildlife Services accountable for its blind, reckless lethal control programs. This decision paves the way for meaningful analysis of the program’s impacts and hopefully a meaningful look at whether or not this wolf killing is worth it."

Washington has experienced Wildlife Services’ wolf killing program firsthand. In August 2014, Wildlife Services snipers shot and killed the Huckleberry wolf pack’s alpha female during a helicopter gunning operation. The death of the Huckleberry pack’s breeding female threatens the future of the entire pack.

Wildlife Services also "advised" the Washington Department of Fish and Wildlife in the contentious 2012 killing of Washington’s Wedge wolf pack. In that instance, WDFW killed seven wolves after predation of livestock on public lands, despite the rancher’s failure to take sufficient action to protect his cattle.

"The Court made a wise and prudent decision that safeguards the legal right of citizens to know what their government is doing in their name," said Timothy Coleman, executive director of Kettle Range Conservation Group. "The so-called Wildlife Services cannot just grant itself authority to execute an endangered species absent the public interest or best available science."

Wolves were driven to extinction in Washington in the early 1900s by a government-sponsored eradication program on behalf of the livestock industry. The species began to return to Washington from neighboring Idaho and British Columbia in the early 2000s and the wolf population in the state has grown to 13 confirmed packs. Despite this growth, wolves in the state are far from recovered and face ongoing threats. According to WDFW, Washington currently has at least 68 wolves in 16 packs.

The organizations, Cascadia Wildlands, WildEarth Guardians, Kettle Range Conservation Group, Predator Defense and the Lands Council were represented by the Western Environmental Law Center.

A copy of the decision is available here.
 
A copy of the original complaint is available here.
 
###
Dec02

From Exterminated to a Rebounding Population: A Brief History of Wolves in Oregon

By Legal Director Nick Cady
 
Given the state’s recent move to remove the gray wolf from Oregon’s list of threatened and endangered species, it is worth taking a full look at the history of this species in Oregon to fully put in context the recent decision.
 
In 1947, the last wolf was killed in Oregon as part of a government bounty program, which was part of a nationwide predator extermination campaign facilitated by federal and state governments. Upon passage of the Endangered Species Act in 1973 under Nixon, the federal government began focusing on recovering many of the species wiped out by extermination campaigns and habitat lost to industrial development.
 
One of the first critters focused on was the gray wolf.  After 66 wolves were reintroduced over two years in central Idaho and Yellowstone National Park, individuals eventually dispersed west into Oregon.  In 1999, an initial lone wolf swam the Snake River and was Oregon’s first wolf in over 50 years, but wildlife managers with the Oregon Department of Fish and Wildlife (ODFW) were politically and physically unprepared to handle wolves returning to the state.  The lone wolf was darted and shipped back to Idaho. Two more wolves that crossing the Snake were killed, one poached and another run over on I-84.
 
This series of events began a state-sanctioned process to develop a wolf conservation and management plan in Oregon designed to address the unique relationship between Oregonians and wolves.  Development of the plan involved many different stakeholders including conservation groups, livestock interests, the hunting community, county commissioners, and ODFW.  A comprehensive plan was finalized in 2005, but the plan left many questions and situations unaddressed, mainly the response to wolf-livestock conflict and its intersection with the state Endangered Species Act, which has a prohibition against killing a listed species.
 
Walla Walla_odfw

Wolf from the Walla Walla Pack (Photo Courtesy of ODFW)

The 2005 plan did establish a framework for the path recovery would take in Oregon.  Recovery was divided into three phases for each half of the state (western and eastern).  In the first phase (Phase I), wolf conservation and management would be focused on wolf recovery.  Killing wolves in response to depredations would be a last resort, after all available non-lethal methods for eliminating the conflict had been exhausted.  In exchange for these relatively stringent standards, the recovery numbers under Phase I were low: once a side of the state reached four breeding pairs for three consecutive years, wolf conservation and management would transfer into Phase II where the standards on when wolves could be killed were relaxed.  A breeding pair was defined as a pair of wolves that had at least two pups that survived the calendar year.
 
By 2011, Oregon had its first established breeding pair of wolves, the Imnaha pack.  This pack’s alpha pair produced OR-7, the famous wolf that journeyed from northeast Oregon to northern California, and the female wolf that helped establish California’s first wolf pack in almost one hundred years.  But during 2010-2011, Oregon began experiencing its first wolf-livestock conflicts in northeastern Oregon, and the livestock community began pressuring ODFW to kill wolves to reduce this conflict.  
 
Shasta Pack

Shasta Pack in California (Photo Courtesy of CDFG)

Although the numbers of wolf-livestock conflicts were limited, especially when compared to other sources of livestock mortality, and have remained incredibly low to date, the issue of wolves was swept up in politics and the rise of the Tea Party across the rural West.  Wolves became a symbol of federal government intervention, and Republican representatives in these areas began to be threatened by Tea Party candidates who were running on staunch anti-wolf platforms.  In response, these candidates also began banging on the anti-wolf drum.  The ultimate result of all this noise making was the legislative, federal delisting of wolves in the Rocky Mountain gray wolf recovery area, which included Idaho, Montana, Wyoming, and eastern Oregon and Washington.  This was the first time Congress had delisted an endangered species, and marked the beginning of a still ongoing legislative and legal battle over wolves and other imperiled species.
 
Specifically in Oregon, this meant that federal protections under the Endangered Species Act in the eastern portion of the state had been eliminated, and that the state was permitted to kill wolves.  The livestock community and anti-wolf political figures began pushing hard for killing wolves in Oregon.  Cascadia and others fervently reminded the state and ODFW that we only had a single breeding pair of wolves in Oregon, and approximately only 12 or 13 wolves total.  Despite these protests, ODFW moved to kill the alpha male of the Imnaha pack and one of the pups born that year.ODFW determined that after only a few incidents of wolf-livestock conflict, the Imnaha pack satisfied the wolf plan’s “chronically depredating” standard and needed to be killed.
 
Folks at Cascadia Wildlands were outraged. We reminded the state the commitments it had made in the plan to make killing wolves a measure of last resort at this early juncture of recovery, and we disagreed with ODFW that a few incidents over the course of two years marked a “chronic” issue.  We went to court over the disagreement, preventing the killing of the Imnaha pack, but ultimately settled the suit with both the Oregon Cattlemen’s Association and the ODFW.  This settlement defined some of the vague terms used in Oregon Wolf Conservation and Management Plan, laid out clearly defined requirements for implementing non-lethal preventative measures, and delineated exactly what the plan meant by “chronically depredating.”  Additionally, a compensation program was set up for ranchers that lost livestock to wolves, and a tax credit established to further compensate ranchers for efforts expended on preventative measures.  These rules have been highly lauded as the most thorough and successfully wolf conservation and management program in the country.
 
ODFW began executing the clarified rules with earnest, and over the next few years Oregon saw depredations decrease dramatically and wolf numbers steadily increase.  With ODFW and ranchers focusing on preventative measures, ODFW has not had to expend taxpayer dollars to kill a single wolf to date.  We now have approximately 15 wolf packs in Oregon, wolves have been initially dispersing into western Oregon, and there are now potentially two new packs in southern Oregon near the California border.  At the last official count, there were over 70 confirmed wolves in Oregon.  This has been such a promising recovery to date, and has been one of the pride and joys at Cascadia Wildlands — a direct result of our efforts.
 
However, this year a new conflict over wolves has emerged surrounding the removal of the species from Oregon’s list of threatened and endangered species.  When wolves in Oregon first satisfied the four breeding pairs for three consecutive years in 2014, and wolf management in eastern Oregon moved into Phase II, the state began exploring whether or not wolf numbers and recovery warranted removal of the species from the endangered species list.
 
Livestock interests were pushing the state hard, arguing that the state was required to remove protections for the species under the wolf plan.  However, the wolf plan very clearly said that the state was only required to begin exploring the delisting process, to make an early determination over whether delisting was warranted at this time or not.  Cascadia Wildlands and our conservation partners began weighing into the process as well, presenting public comments and soliciting scientific input on whether or not delisting was warranted.  The “endangered” status of the wolf is critical because it provides the entire framework and backbone of the current wolf conservation and management program and the rules developed under the mutual agreement in 2011.  Without this classification, the ODFW could do whatever it wants with regard to wolves, and under similar circumstances in 2011, we witnessed the state try to kill the Imnaha pack when it was the only breeding pack in Oregon.  
 
So Cascadia Wildlands and our allies worked tirelessly to convince the ODFW that delisting was not the right move, particularly with under 80 confirmed wolves in the state. Wolves have just barely begun to get a foothold in western Oregon, and we were concerned that additional mortality associated with management of wolves in Phase II would stagnant recovery and dispersal of the species. At the end of a series of hearings this fall, in which there was an enormous amount of public and scientific testimony, over 90 percent of Oregonians had urged the state to retain endangered species protections for the species. The overwhelming message from the scientific community was that delisting was premature because of the limited numbers and distribution of the species across the state.  
 
Despite the weight of this evidence and the desire of the public, ODFW and its Commission removed the wolf from the list of threatened and endangered species in mid-November.  Cascadia Wildlands is again exploring legal options and ways to retain this critical classification for a species still very early in its recovery.
 
 Cascadia Wildlands cannot thank enough our volunteers, members and supporters who wrote letters, talked to elected officials and traveled great distances to publicly testify in support of wolves. This passion gives us our inspiration, and we will continue to fight for this species as it continues on its perilous path to recovery. Stayed tuned for next steps as this struggle is far from over, and please consider donating to support our ongoing efforts.
 
Sep28

Oregon Wolf Delisting Training

2019372475by Legal Director Nick Cady
 
You may have heard the terrible news out of northeast Oregon last week that two wolves, the alpha male and female of the newly formed Sled Springs pack, were found dead next to each other.  It is highly likely that these animals were poached; poisoned given the unusual circumstances surrounding their demise, and the absence of bullet wounds.
 
This pair had just recently given birth to a litter of wolf pups, and now these five-month old pups must survive the winter on their own — a tall order.  The Oregon Department of Fish and Wildlife is reaching out for information concerning the deaths of these wolves, but we are not hopeful.
 
Recently in Washington, a man admitted to running down an endangered wolf with his truck, and then shooting the animal.  After acknowledging poaching an endangered species, the man was released with a hundred dollar fine and a six month's probation.  (See more on this story here.) Last fall, the alpha female of the Teeanaway pack near Cle Elem was poached.
 
odfw imageThis tragic sequence of events is occurring in the midst of efforts by the Oregon Department of Fish and Wildlife to remove state endangered species protections for the species. Aside from all the practical and legal implications, we are worried this delisting effort will send a message to those out there hostile to wolves that it is open season. 
 
The Oregon Department of Fish and Wildlife Commission is hosting a hearing on October 9th in Florence, Oregon concerning its proposal to remove wolves from the state endangered species list. Your testimony is welcomed.
 
Cascadia Wildlands has partnered with Oregon Wild, Defenders of Wildlife and the Center for Biological Diversity to host a training in order to give folks interested in testifying a chance to practice their testimony and help them to refine their message.  We will be meeting at the Cascadia Wildlands office in Eugene, 1247 Willamette Street, October 8, 2015 from 6:30 to 8:30 pm. 
 
Food is being generously donated by Falling Sky and Oakshire has donated beverages for the event.  Don't be shy, come meet people working on these issues, and help stand up for wolves in Oregon!
 
(Washington wolf pup photo by Conservation Northwest)
May27

Wolf Tracks

Willamette Week by Aaron Mesh
May 27, 2015
 
Nick Cady is thrilled to see the return of gray wolves to Oregon’s Cascade Range. He celebrated when the wolf dubbed OR-7 was spotted south of Crater Lake in 2011, more than 60 years after hunters wiped out the species from the state.
 
But even as wolves return to Oregon’s southwestern mountains, Cady fears the U.S. Forest Service will authorize logging and road building that could cut off the wolves’ range.
 
“Federal agencies are supposed to lay out how projects will impact species,” Cady says. “What we’ve seen with wolves is they say, ‘Oh, it won’t impact them at all.’ I don’t think that is true.”
 
This spring, Cady’s environmental nonprofit, Cascadia Wildlands, filed a Freedom of Information Act request seeking all Forest Service plans for protecting wolves while selling off timber and building roads in Oregon and Washington’s national forests. Two months later, the agency hasn’t given him a single document.
 
So Cady’s group has gone to court, suing the Forest Service in U.S. District Court on May 20 for its failure to respond to Cascadia Wildlands’ records request.
 
Lawsuits accusing government agencies of violating the FOIA have become a reliable tool for environmental groups trying to watchdog public officials.
 
Cascadia Wildlands’ suit is the 10th lawsuit filed in U.S. District Court for Oregon in the past decade by an environmental group seeking to force the release of public records. It’s the second in less than a month. On April 29, the Northwest Environmental Defense Center in Portland sued to see water-quality records from the Columbia Generating Station in Hanford, Wash.
 
Cascadia Wildlands says it filed the records request March 12, seeking communications between the Forest Service and the U.S. Fish and Wildlife Service. The suit says Cascadia Wildlands then wrote letters in April and May offering to let the Forest Service release the documents gradually.
 
The Forest Service responded in May by saying it needed more time to review the request, because it had 20 other records requests ahead of Wildlands’.
 
Glen Sachet, a spokesman for the Forest Service’s Portland office, declined comment to WW on pending litigation.
 
Oregon officials estimate 77 wolves live in the state, but just seven of them are in the western half of the state. The largest Cascade Range wolf pack, called the Rogue Pack, includes OR-7, his mate and three pups.
 
Cady fears that commercial logging could disrupt the wolves’ range, expose them to cars and change the behavior of deer and elk, making it harder for wolves to find food. The group also says building new timber roads makes it easier for hunters to get deep into the wilderness and set wolf traps.
 
He says his group wants assurances from the Forest Service that the agency’s plans take into account protections for the Rogue Pack and the next generation of Oregon wolves.
 
“We just hope they’re taking a hard look at the science before proceeding with irretrievable resource damage and road construction,” Cady says. “They might have taken a good, hard look at this. But I don’t think that’s the case. We’ll find out.”
 
A copy of the complaint can be found here.
 
May05

Lawsuit Challenges Plan to Log Old-growth in Alaska

Mail Attachment-6 copy

Cascadia Wildlands yesterday filed suit against the Forest Service challenging approval of the Mitkof Island timber sale, a 4,117-acre old-growth logging project on the Tongass National Forest, near Petersburg in Southeast Alaska.

This lawsuit comes close on the heals of our challenge to the Big Thorne timber sale, another big old-growth sale that is currently on appeal before the 9th Circuit. These cases, along with a proposed revision to the overarching Forest Plan, represent a critical turning point on the Forest.

Long story short, the era of profitable old-growth logging is over, but the Forest Service and a handful of influential logging industry die-hards have been working overtime trying to prop it back up. Timber sales like this one on Mitkof Island are a last gasp of a dying industry.

The industry is dying—there is little doubt about that—but the question is whether it will leave enough healthy forest behind to sustain the wildlife and subsistence opportunities that rural Alaskans have traditionally enjoyed. The ecosystem is at a tipping point. 

Mitkof Island is a microcosm for the legacy of Tongass logging and habitat loss. Extensive areas have been clearcut on the National Forest, and (even worse) clearcutting on adjacent privately owned land.

One result is that the local deer population has crashed and is not recovering. Without enough old-growth providing shelter, the herd starves in winter. Petersburg residents no longer can go hunting out their back door. 

And, the result of that is that the State of Alaska is pursing ‘predator control,’ aiming to cull the wolf population by 80%. Without adequate habitat, the whole predator-prey system (of which humans are a part) comes crashing down.

In spite of huge controversy, on Mitkof the Forest Service determined that their logging project would have “no significant impact” on the environment, so conducted only a cursory environmental review. This is rare, and extraordinary. As the environmental consequences intesify, why would the agency be paying less attention to them?

Contrary to that claim, our lawsuit catalogues a number of significant impacts:

  • Loss of winter habitat for deer, further stressing the local population;

  • Harm to subsistence hunters, particularly low-income residents who cannot afford to travel to distant islands for deer;

  • Threats to the Alexander Archipelago wolf, which is currently being considered for protection under the Endangered Species Act, from loss of deer habitat and the likelihood of increased trapping;

  • Damage to the Queen Charlotte goshawk, a raptor that relies on old-growth forest.

As Rebecca Noblin, the Alaska director for our co-plaintiff Center for Biological Diversity, said, “I suppose that if you don’t look for problems then you’re not going to find them.”

The case was filed on behalf of Cascadia Wildlands, Greater Southeast Alaska Conservation Community, Greenpeace, Center for Biological Diversity, and the Alaska Wildlife Alliance, in federal district court in Anchorage. Cascadia’s staff attorneys are joined by the superhero lawyers at CRAG law center arguing the case. 

You can read a copy of the suit here.

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