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THE NEXT SPOTTED OWL

Environmental Article by Harold Hough April/May 2008

The new poster animal for radical environmentalists isn’t the polar bear – it doesn’t impact enough evil mining companies. No, the new animal is the Greater sage grouse, which has the ability to bring mining in the West to a complete stop just as the spotted owl ruined the Northwest lumber industry.

The sage grouse may not be a cute and cuddly as the polar bear or panda, but it is more dangerous to the American mining industry than either of these animals. The sage grouse has a range that covers 11 states going from North Dakota to California, including 75% of Wyoming. And, after a federal court ruling last year, the Fish and Wildlife Service is once again reviewing the sage grouse’s status under the Endangered Species Act. If the ruling identifies the sage grouse as an endangered species, current and future mining operations, including the critical coal mines in Wyoming, could be drastically restricted.

Fortunately, government, environmental, and industry groups are fighting back. When the sage grouse was first mentioned as a possible endangered species a few years ago, action was taken to boost numbers of sage grouse. Government and industry worked to study the sage grouse and its mating habits. Coal mining companies in Wyoming developed reclamation plans with the idea of increasing sage grouse mating habitat. And, the Bureau of Land Management instituted a National Sage Grouse Habitat Conservation Strategy.

One success story was the reclamation program of the Colowyo Coal Mine, which developed its reclamation program with the grouse in mind. Today, some of the 1,500 acres of land under reclamation by Colowyo are being used by the grouse for mating and habitation. Another mining related success was Barrick Gold’s Squaw Valley Ranch, where the company restored grouse habitat destroyed by fire.

It appeared that the sage grouse projects were working. Populations that had been declining since the Great Depression were finally stabilizing. In 2005, the Fish and Wildlife service ruled, to the environmentalists’ consternation, that the grouse didn’t meet the standards of an endangered species. It looked like another state/mining industry partnership success.

Unfortunately, the environmental movement didn’t let the ruling stop them. They sued on the grounds that the government had made its ruling with the interests of the ranching and natural resources industries in mind. They also claimed that new threats like the West Nile virus and drilling for methane on the Wyoming plains were destroying grouse habitat. This gave them enough excuse to find a federal judge in Idaho to rule that the Fish and Wildlife Service had to review its 2005 decision and make a new ruling by May 2009. A public comment period will be open until May 27, 2008 for all interested parties.

If that ruling lists the sage grouse as an endangered species, the mining industry could face real problems. For instance, the Wyoming coal industry is a major source for coal and methane energy. Yet, it’s very possible that these operations could be severely impacted, which would increase coal and natural gas prices across the country.

We in the industry do have some choices. First, is to participate in the public comment period by providing reclamation success stories and showing how mine reclamation can actually help bring the species back. The second is to vote in November. The new decision is due in May 2009, which means that whoever wins the White House in November will be appointing those officials who will have the final say in the decision. We know if that White House occupant is a Democrat, the grouse will end up on the Endangered Species list. Senator McCain, however, has a pro-mining record.

Elections do count and the 2008 election is critical for the industry. The Hardrock Mining Act of 2007 was only stopped by pro-mining senators after being passed by the House of Representatives. If we want to continue to stop laws and regulations that harm mining, we have to make our voice heard at the ballot box.

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