Suing the U.S. Fish and Wildlife Service to put endangered species first.

If permitted, the Rock Creek Mine will impact our country’s most endangered wildlife. Revett’s plan jeopardizes one of the last remaining grizzly bear populations in the lower 48 states and all but kills significant bull trout spawning habitat at a time when companies and government agencies are spending millions to protect the threatened fish. By suing the USFWS, we intend to get the agency to reconsider approval of Revett’s mitigation plan.

The Suit

This suit looks at the irreparable harm the mine would cause to threatened bull trout and grizzly bear, thus violating the Endangered Species Act (ESA). It asks the Court to overturn the Biological Opinion until the U.S. Fish and Wildlife Service (USFWS) complies with the ESA.

The Rock Creek Mine will destroy or adversely modify bull trout critical habitat by increasing sediment in the main stem of Rock Creek by 38% and in the west fork of Rock Creek by 46% from construction and road building activities. The sediment would negatively affect all life stages of bull trout by impacting feeding, spawning, and sheltering activities. The USFWS dismisses the significance of maintaining bull trout in Rock Creek and the impact such a loss would have on overall recovery efforts for bull trout in the Columbia Basin.

The mine would displace grizzly bears from over 7,000 acres of habitat, impacting 40% of the breeding females in the Cabinet-Yaak Ecosystem and leading to the possible death of one or two adult females. It also would sever important travel corridors. Currently, the population is estimated to be between 30 and 35 bears. To counter the effects of the mine, the USFWS is relying on a faulty mitigation plan entailing the future acquisition of just over 2,000 acres of replacement habitat. If the habitat is even available and is suitable, it is likely already occupied by grizzly bears.

The Status

Motions for Summary Judgment were filed in the spring of 2008. A court hearing has not yet been scheduled.

> Review the Suit (pdf)
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