Posted on 09/16/2005 8:10:10 AM PDT by GreenFreeper
A lizard known for its dinosaur-like features is back in line for endangered species protection, according to backers of the tiny, desert reptile. A federal judge in Arizona on Tuesday ruled the U.S. Fish and Wildlife Service erred when it dropped the Flat-tail Horned Lizard from consideration as a "threatened" species eligible for special legal protection. In a 15-page ruling, District Court Judge Neil Wake said the government "violated the Endangered Species Act" by failing to evaluate the impact of habitat loss on the species when it withdrew a proposal to list it as threatened.
The ruling, according to environmentalists who support more lizard protections, means the Flat-tail Horned Lizard will once again be considered for threatened species status. They say that could help the reptiles recover from building and other pressures that have pushed it from developed areas like much of the Coachella Valley.
Federal wildlife officials say they don't yet know the ramifications of the decision. "Without a listing it really just gets lip service," said Daniel Patterson, desert ecologist for the Center for Biological Diversity, one of the environmental groups behind the legal challenge. "You can't just go out and plow lizard habitat into the ground," Patterson said.
But if the lizard were to gain the special status, it could mean costly new building requirements in its habitat, including places like the Coachella Valley. Listing opponents say the lizard litigation battle is more about thwarting development than preserving reptiles. Earlier decisions by the Fish and Wildlife Service to withdraw threatened species consideration for the Flat-tail Horned Lizard were based on sound science, said Ed Kibbey, spokesman for the desert chapter of the Building Industry Association.
If the lizard were to get added protection it could mean builders would have to compensate the government in exchange for disturbing lizard habitat, Kibbey said. That could mean anything from setting aside land on a project site to buying land for the lizard elsewhere, he said.
The Flat-tail Horned Lizard has already been driven from much of its local habitat, said Allan Muth, director of the Palm Desert-based Boyd Deep Canyon Research Center, a University of California, Riverside desert wildlife research center. He said it once roamed around Snow Creek and other sandy areas but is now limited to the Coachella Valley Preserve, a refuge in Thousand Palms. "They can't survive in developed areas," he said. "Too many kids, cats, dogs, traffic, all those things."
The lizard has been the subject of intense legal and bureaucratic battles dating back to 1982. In 1997, the U.S. Fish and Wildlife Service withdrew a proposal to list the Flat-tail Horned Lizard. In 2001 a federal judge ordered the service to reconsider. The lizard was again proposed for listing, but in January wildlife officials withdrew it once more. "This species has been the subject of a fair amount of litigation over the years," said Jane Hendron, a spokeswoman for the Carlsbad office of the Fish and Wildlife Service.
A proposed local plan to balance economic growth with protecting the environment was designed to ensure the Flat-tail Horned Lizard sufficient habitat to survive in the Coachella Valley, even without federal listing. But the Coachella Valley Multi-Species Plan is not yet in place, and some lizard supporters say the government's threatened species tag would give momentum to ongoing preservation efforts.
Wake's ruling Tuesday drew praise from the environmentalists, but it didn't outline what the government would need to do to comply. The judge scheduled a conference between the opposing groups.
"Listing opponents say the lizard litigation battle is more about thwarting development than preserving reptiles. "
Sounds like the sentiments echoed here!
Eco-ping!
Looks like a regular horned lizard to me.................
Do they bite ?
I guess I don't have to worry about the city taking my land under eminent domain; I have a couple of those lizards living in my back yard.
I'm sure they do as they are notorious for munching on harvester ants.
Also, the flat-tailed horned lizard canbe distinguished from other horned lizards by a dark stripe running down the back and the presence of two slender,elongatedhorns.
Neat little critters!
I'll keep an eye out for the horns.
Remember, they're elongated horns, ;)
Uh, wouldn't all lizards be "dinosaur-like," to a greater or lesser extent?
Eminent domain won't be a problem, but you will be forced to vacate the lizard habitat to avoid disturbing them. Mow the lawn and you'll have a fine that exceeds the value of your home and lot.
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