A Washington DC Court yesterday awarded the US Fish and Wildlife Service three more years to evaluate whether or not the Monarch butterfly should be listed as “threatened” under the Endangered Species Act in a settlement between the government agency and the Center for Food Safety (CFS) and the Center for Biological Diversity (CBD).
The settlement also called for reimbursement of reasonable attorneys’ fees for the two environmental groups who initiated the lawsuit.
In August of 2014, CFS, CBD, the Xerces Society for Invertebrate Conservation, and Dr. Lincoln Brower petitioned the Service to list the Monarch butterfly as a “threatened.” On Dec. 31, 2014, USFWS published a 90-day finding that listing the Monarch might be warranted, and initiated a status review of the species. The Service then failed to rule on the petition by the statutory 12-month deadline.
As a result, in March 2016, CBD and CSF filed a complaint against the Service. Yesterday’s settlement is the Court’s answer to that complaint.
The CBD saw the three-year extension as a positive development.
“In the big picture of slow-cogged bureaucracy, a wait of three years is, relatively speaking, a good outcome,” said Tierra Curry, senior scientist for CBD, adding that many species have had to wait decades for a protection decision.
Curry cited threats to the Monarch: milkweed loss, logging in Mexico, the proposed mine in the Monarch Biosphere Reserve, and high mortality and habitat damage caused by a freak winter storm in March that swept through the reserve just as many Monarchs were taking flight on their journey north.
“I would like to see them gain protection sooner rather than later,” she said.
USFWS viewed the settlement as a pragmatic move.
“The settlement provides the least costly alternative to a court case the Service would have had no grounds to contest,” read a statement issued by USFWS spokesperson. “It commits the Service to submit to the Federal Register a 12-month finding for the Monarch butterfly by June 30, 2019, thereby providing a realistic timeframe for the Service to evaluate carefully whether this species warrants protection under the ESA.”
The USFWS statement also noted that the settlement “does not predetermine the Service’s decision, which must be based solely on what the best available science prescribes.”
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