Internal USFWS/DOI politics over the status of the dunes sagebrush lizard have cost a field agent his career and shed light on policy decisions at the DOI that bring into question the agency’s compliance with the Endangered Species Act.
The Houston Chronicle reports the decision as to whether or not the dunes sagebrush lizard would be listed, causing all sorts of problems for landowners and the oil industry, was pre-ordained by politics rather than determined by science, which is required by the Act.
“There was no way we were going to list a lizard in the middle of oil country during an election year.”
This quote, said to have been uttered at a meeting by then-USFWS Albuquerque-based regional director Benjamin Tuggle according to court testimony by whistleblower and former USFWS agent Gary Mowad, is the “smoking gun” allegedly showing the listing decision was predetermined, a key tenet and violation of the Endangered Species Act.
Mowad had told internal investigators the federally-approved plan to conserve habitat for the reptile through voluntary pacts between the state and landowners was not legal, verifiable, or enforceable under the Endangered Species Act, before being banished to an inactive role in the agency.
Mowad sued and settled with the agency, an almost unprecedented conclusion to a USFWS whistleblower suit. However, that settlement leaves up in the air the question of the lizard’s status, and to a greater extent, the USFWS decision to bow to politics rather than follow the law, a decision sure to haunt them in current and future lawsuits.
If the agency charged with enforcing the laws won’t follow the laws themselves, they make a mockery of having the laws in the first place, and surrender any moral or ethical high ground they may have occupied.
Read the complete article here. …read more
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