Defenders' Experts
Canada Lynx
Date Filed: 08/01/2007
Case Status: Victory
Defenders of Wildlife v. Kempthorne
Species Background
Canada lynx are large cats with short tails and a ruff under their neck that resembles a bow tie. They are usually solitary though some small groups travel and hunt together. Their range in the United States includes areas in New England, the Great Lakes, the Rocky Mountains and the Pacific Northwest, with small populations of lynx remaining in Maine, Minnesota, Montana, Vermont and Washington; small numbers of lynx recently verified in Michigan, Wisconsin and Wyoming; and a reintroduced population in Colorado. It has been apparent for over two decades that the loss and fragmentation of Canada lynx habitat are the primary threats to the species' continued existence in the contiguous United States. Throughout its range, direct and indirect impacts from logging, road building, fire suppression, recreation and other anthropogenic and natural pressures threaten the existence of the species.
Case Background
Despite the significant threats to the lynx's continued existence, the U.S. Fish and Wildlife Service (FWS) has refused to take the steps mandated by the Endangered Species Act (ESA) to ensure that the lynx and its habitat are adequately protected. Defenders has fought a nearly fifteen-year legal battle to prompt meaningful action by FWS, resulting in multiple court rulings reprimanding FWS for its failure to comply with the requirements of the ESA. [See "Prior Case History" below.]
Most recently, Defenders challenged FWS's November 2006 critical habitat designation for the lynx. The designation placed political considerations ahead of the biological needs of the lynx under the orchestration of former Deputy Assistant Secretary Julie MacDonald. Although FWS proposed over 18,000 square miles as critical habitat in November 2005, MacDonald ordered that the proposal not encompass any Forest Service lands, where much of the species' remaining habitat and populations in the contiguous United States are found. Subsequently, FWS’s final rule omitted over 90 percent of lands proposed for designation, formally designating only 1,800 square miles as critical habitat. The court ordered FWS to re-propose a critical habitat by February 15 and issue a final designation by February 28.
Prior Case History
Listing the Lynx
Defenders of Wildlife first petitioned FWS to list the Canada lynx under the ESA in 1991 and has been involved in litigation to protect the species ever since. After repeated legal challenges, Defenders of Wildlife successfully compelled FWS to list portions of the Canada lynx population in March 2000.
Lynx Critical Habitat
Later that year, Defenders challenged FWS's failure to designate a separate lynx distinct population segment (DPS) representing the five lynx regions in the contiguous US, and FWS’s failure to designate critical habitat. In November 2006, FWS issued critical habitat for the lynx, but excluded much habitat essential to the conservation of the species. Defenders challenged that designation and in March 2009, FWS responded by designating 29 million acres of critical habitat for the lynx.
Co-filers:
Defenders of Wildlife, Humane Society of the United States, Center for Biological Diversity, Conservation Northwest, Oregon Wild, Friends of the Clearwater, The Lands Council, Wyoming Outdoor Council, American Wildlands, Friends of the Wild Swan, HOWL: Help Our Wolves Live, Natural Resources Council of Maine, RESTORE: The North Woods, Animal Welfare Institute, Wildlife Alliance of Maine, Center for Native Ecosystems, Sinapu, San Luis Valley Ecosystem Council, Colorado Wild, Biodiversity Conservation Alliance and Mark Skatrud
