Groups Threaten to Sue BLM Over Cattle Grazing on Public Lands

On July 22, 2021, two conservation groups submitted to the U.S. Bureau of Land Management (“BLM”) and the U.S. Fish and Wildlife Service a notice of intent (“NOI”) to sue BLM for violating the Endangered Species Act.  According to the groups, BLM has failed to protect critical habitat and threatened and endangered species in the Gila Box Riparian National Conservation Area in Arizona (“Gila Box”) from the impacts of cattle-grazing activities.

In the NOI, the groups allege that BLM is violating requirements contained in the biological opinion for grazing permits, allotment management plans, and annual operating instructions/plans that authorize grazing on six allotments within the Gila Box.  The groups base this allegation on recent field studies allegedly showing that cattle grazing has caused extensive damage to areas the cattle are not allowed to graze in, including streamside designated critical habitat for yellow-billed cuckoos and southwestern willow flycatchers. 

Based on these allegations, the groups claim that BLM has violated the ESA by failing to (1) carry out its affirmative duty to protect ESA-listed species and designated critical habitat, (2) reinitiate consultation, and (3) prevent unauthorized take of ESA-protected species and destruction of designated critical habitat.  Unless BLM cures these violations, the groups state that they will file a lawsuit once the NOI becomes ripe in 60 days.

A copy of the NOI is available below. If you have any questions, please contact us at insights@goodstewardlegal.com.

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