Small Bird, Big Trouble

Adding the sage grouse to the Endangered Species List would have far-reaching consequences for the energy industry.

Meriwether Lewis and William Clark were the first to document the small, chickenlike bird once ubiquitous in the American West. But the "the cock of the plains," as the 19th century explorers dubbed the bird, has long been threatened by agriculture and energy development.

An attempt by environmentalists to have the bird placed on the Endangered Species List was thwarted in 2005 after Julie MacDonald, then the Interior Department's deputy assistant secretary for fish, wildlife and parks, heavily edited a Fish and Wildlife Service analysis of the risk of extinction to the sage grouse. MacDonald, an engineer with no expertise in biology, questioned and belittled some of the scientific findings of the analysis, and many believe her intervention prevented the bird's listing. She resigned earlier this year after an investigation by Interior's inspector general found she was heavily involved in reshaping the endangered species program's scientific reports from the field and shared nonpublic information with private sector sources in the agriculture and energy industries.

By law, listing a group on the Endangered Species List is to be based solely on the merits of the best available science. Economic factors might play a role in the determination of critical habitat, however, and the Interior secretary could overrule Fish and Wildlife's designation of critical habitat as long as the decision does not lead to extinction of the species.

When biologists at Interior's Fish and Wildlife Service believe a species is in danger of extinction, the agency places a notice in the Federal Register describing the basis for its conclusion. The public and independent scientists then have an opportunity to weigh in. After that period, typically a year, Fish and Wildlife makes a final determination on whether to list the species and places another notice in the Federal Register. Thirty days later, the listing becomes effective.

Despite the failure to add sage grouse to the Endangered Species List, Interior clearly is worried about the bird and is spending millions to rehabilitate its habitat, especially in Wyoming. Last February, Interior Secretary Dirk Kemp-thorne announced the agency would seek $22 million in the 2008 budget for the new Healthy Lands Initiative aimed at restoring critical habitat.

"We must actively manage species, such as the sage grouse, to prevent its listing under the Endangered Species Act and to assure the recovery of other threatened and endangered species," Kempthorne said in a statement announcing the new program.

George Lea, who retired from the Bureau of Land Management and is now president of the Public Lands Foundation, says, "Industry recognizes that if the sage grouse is listed, it would have a major impact on their ability to drill and mine. If that were to happen, the whole West would change in a hurry."