On April 21, FWS announced its preliminary determination "that listing the greater sage-grouse may be warranted." The agency must make its final determination by a Dec. 29 deadline. Interior Secretary Gale Norton makes the final call. But if she decides against listing the grouse, the law allows advocates to sue, seeking from federal judges what they could not win from federal bureaucrats.
In doing its analysis, FWS must rely mostly on information about the grouse provided by outside sources, including environmental and industry groups with a vested interest in the outcome. "We rely on publications and information from other people," said Dr. Pat Diebert, the FWS biologist in charge of the sage-grouse analysis. "The problem is in nine months, which is all we really have to write this, we don't have time to do a well-designed research study."
In the Federal Register, FWS summarized what petitioners had cited as potential threats to the bird's habitat. They included the basic trappings of civilization -- i.e., "agricultural lands," "irrigation projects," "livestock grazing," "methane development," "mining and energy development, including windpower," "military activities," "urban/suburban development," "necessary infrastructure (roads, power lines, pipelines)" and "domestic pets."
So whose vision for the land will prevail? The environmentalists? Or the farmers, ranchers, miners and suburbanites, with their roads, electricity, running water and grouse-chasing dogs? If a balance is to be struck, who shall strike it? A bureaucrat trumped by a judge?
House Resources Chairman Richard Pombo, a Republican from California, wants to change the way the government decides. "Updating and improving the ESA will be my committee's top legislative priority in the 109th Congress," says Pombo. "This law has been much more effective in generating conflict and frivolous litigation in its 30-year history than it has in actually recovering endangered species. A tune-up for the act is long overdue." President Bush should put this at the top of his agenda, too.
Here is a suggestion: Make Congress vote up or down on every creature recommended for the endangered list. Make the president sign off. Then let these elected officials explain their decisions to the voters.