Despite massive evidence to the contrary, the Bush administration steadfastly maintains that designation of critical habitat zones does not help endangered species to recover. It has ordered the U.S. Fish and Wildlife Service to include a grossly inaccurate "disclaimer" in every designation and press release stating that critical habitat is an expensive, controversial, paper exercise that provides no benefit. The administration refuses to acknowledge scientific studies showing that species with critical habitat are twice as likely to be recovering than species without. It has banned U.S. Fish and Wildlife Service economists from quantifying the benefits of critical habitat. But it can't ignore a recent court order forcing the Bureau of Land Management (BLM) to remove off-road vehicles from 572,000 acres of critical habitat.

Center for Biological Diversity, Sierra Club, and Earthjustice challenged a decision by the BLM to continue a long standing policy of allowing off-road vehicles within desert tortoise critical habitat areas, especially along desert washes. This policy contradicts the federal recovery plan and violates the Endangered Species Act requirements that critical habitat areas be managed for the recovery of endangered species—not just their mere survival.

On 8-3-04 a federal judge struck down the U.S. Fish and Wildlife Service approval of the BLM plan saying: "[T]he Court finds that Congressional intent in enacting the ESA was clear: critical habitat exists to promote the recovery and survival of listed species. Conservation means more than survival; it means recovery." On 1-4-05, she ordered off-road vehicles out of the critical habitat zones until the Fish and Wildlife Service issues a new review based on the recovery needs of the desert tortoise.

On 2-17-05, a state judge gave the go-ahead for a Center for Biological Diversity lawsuit against wind power companies responsible for killing tens of thousands of eagles, hawks, falcons, owls and other protected birds at the Altamont Pass Wind Resource Area near San Francisco. The birds are killed on a daily basis by outdated, poorly located wind turbines. The Center's unique suit charges FPL Energy, GREP, Green Ridge Power, Altamont Power, Enxco, Seawest Windpower, Windworks, Altamont Winds, and Pacific Winds with "unlawful and unfair business practices" under the California Unfair Competition Law. The corporations sought to block the suit, arguing that only the state's attorney general had the right to enforce the law. Judge Sabraw disagreed and also invited Attorney General Bill Lockyer and the Alameda County District Attorney to join the Center's lawsuit on behalf of the general public's interest in wildlife and fair business dealings.

Wind turbines at Altamont have killed an estimated 880 to 1,330 golden eagles, hawks, owls and other protected raptors each year for the past 20 years. The California Energy Commission recommends a 50 percent reduction in raptor killings over the next 3 years and an 85 percent reduction over the 3 years after that.

On 12-20-04, a federal judge sided with the Center for Biological Diversity and ordered the U.S. Fish and Wildlife Service to map out and protect essential "critical habitat" areas for the Southern California mountain yellow-legged frog. A proposal must be issued by 9-1-05 and final plan by 9-1-06.

With a total known population of only 79 adults, the Southern California mountain yellow-legged frog is probably North America's most endangered amphibian. It has disappeared from 99 percent of its range and now occurs in just seven populations. The Fish and Wildlife Service listed it as an endangered species on 7-2-02 as part of a sweeping agreement with the Center to protect 29 imperiled species from coast to coast. Now the species’ habitat will be protected as well. Scientific studies using Fish and Wildlife Service data show that species with critical habitat are recovering twice as fast as species without it.

Nine bands of the Wintu Tribe used to inhabit California. Six were wiped out, leaving the Winnemem, the Nor-El Muk Nation and the Toyon-Wintu Tribes. The Winnemem Wintu lived along the McCloud River for many thousands of years, until the building of Shasta Dam submerged their villages, ceremonial sites and burial sites. A small portion of their land survived above the lake, but a new proposal to raise the height of Shasta Dam would inundate the last of the Winnemem Wintu’s homeland. The people of the "middle-water" will have no land left.

Please join us for a benefit and film screening of the award-winning PBS documentary "In the Light of Reverence" and new seven-minute film "Winnemem Wintu War Dance at Shasta Dam." The events mark the launch of a unique grassroots campaign that unites some of California’s most effective environmental organizations with native communities in an effort to stop the enlargement of Shasta Dam near Redding.

San Francisco: Wednesday, March 2 at 7 PM—Cowell Theater at Fort Mason Center—with Julia Butterfly Hill—Admission $15—5:30 PM Reception $50 (includes film and panel). Advance tickets: 415-345-7575.

Oakland: Thursday, March 3 at 7 PM—Grand Lake Theater, 3200 Grand Ave.—with Julia Butterfly Hill—Admission $15. Advance tickets can be purchased in person at the Grand Lake Theater Box Office.

Sacramento: Friday, March 4 at 7 PM—Crest Theatre, 1013 K St. Admission $12. Advance tickets can be purchased in person at the Crest Theatre Box Office. 5:00 PM reception at Jump Start Cafe, 1122 L Street (near 11th Street.) Parking garage adjacent, enter on 10th Street. Tel. 916-441-7555. $5-$10 donation at door.

To learn more about the fight to save the Winnemem and the McCloud River: click here.

Center for Biological Diversity | PO Box 710 Tucson, AZ 85702 | 520-623-5252 | [email protected]

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