CBD Files Intent to Sue in 30 Days if Caves Not Closed

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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby Teresa » May 27, 2011 12:34 pm

Ok, I banged this letter off this morning, after having called my Congresscritter's local office and receiving an email address of a staffer to send it to. Ask for someone involved in natural resource issues if you are not known to the office staff.
Please feel free to alter, recast, steal, or otherwise use this as food for thought for your own letter.
Put your street address and cell number where you can be reached-- Congress people only correspond with their constituents. And get a bunch of your friends to do likewise. Doing something like this: addressed to a staffer with some specifics and help for their research, will win you a LOT MORE BROWNIE POINTS than just signing an online petition:

If CBD is going to stir it up, we need to, also.

-- Jo Schaper (ask Teresa)

Dear Mr. XXXXXXXXXXX,
" Last year we corresponded and talked about U.S. Fish and Wildlife funding for research related to White Nose Syndrome in bats. I identified myself last year as a caver with 25 years of wild caving experience, and my concern was that the monies actually be used to research the causes and possible mitigation of the disease, and not to fund gates, and other anti-caver, anti-citizen use of the caves which we cherish so.

US Fish and Wildlife came out with their Final WNS National Plan for federal/state/tribal interagency action two weeks ago. While I am not entirely in agreement with this plan, since it is strictly an internal document, and did not recognize that any effective bat recovery effort must involve NGOs and private cave stakeholders, I am willing to let it proceed and see how things turn out in practice. A copy of that document is attached.

Yesterday, the Center for Biological Diversity, an extremist nature lobbying NGO, served notice of intent to file a federal lawsuit to close all cave and mine access on federal lands, and criminalize people who visit caves, regardless if the caves are on public or private land. A close reading of their document reveals a number of errors and outright lies to support their position. A copy is attached.

To cite only two: 1) They say that U.S.Forest Service lands east of the Mississippi are closed whereas those west are open. Forest Service Region 9, including trans-Mississippi states Minnesota, Iowa and Missouri have had cave closures since 2009: I was at the Missouri meeting where it was announced. Region 6 (the US South) and the Rocky Mountain Region are also already closed; obviously the CBD is way behind the times on their information.

2) on page 5 para 2 of their document they state: "In North America, the fungus was not known prior to 2006, when it began killing bats in a commercial cave, strongly indicating that the disease was brought to North America via people who had visited caves in Europe." WNS was NOT discovered in a commercial cave, but in a wild cave on the same property as Howe's Cavern in upstate New York. Although there is circumstantial evidence that the fungus did come from Europe (genetic studies have determined that US and European strains of the fungus are the same) it is much more likely that an infected bat (or more) hitchhiked across the Atlantic in a cargo container, since, at the very beginning of the outbreak, Howe's Cavern (the commercial cave) was not the first cave affected, which would have been the case.

I found these two errors just in a cursory scan of their petition, which is heavily biased in favor of their point of view but with little supporting evidence for their assertion that people are the main problem. As a caver, I think their approach is way more draconian than is warranted, considering the MAJOR VECTOR of the disease is bat-to-bat. Cavers are already following US F&W disinfection and access behavior protocols, and the disease is showing up mostly not in show caves or heavily visited wild caves, but in bat hibernacula along the migratory paths of the bats, and where the animals congregate in other caves. The lack of widespread WNS in locations away from bat migration routes seems to indicate that while spores hitching on gear is not impossible, it is only an incidental route of transmission. Bats pay no attention to "cave closed" signs, and so, the spread continues.

We don't need the federal government spending precious and scarce funds which could be going to whip this fungal disease through biological research being spent defending against frivolous lawsuits by a bunch of environmental extremists. The CBD has a vested interest (donation and fund-raising for itself) in continuing to espouse their extreme viewpoint. As a caver, I'm just as concerned about the bats as they are, but also about all the other aspects to caves and cave management, and about a reasoned and rational response and use of federal funds which will solve the problem.

Please pass my concerns on to Congressman Luetkemeyer, and the Secretaries of the Cabinet offices which have received their petition, and which will be the target of their threatened lawsuit. We need win-win solutions in this fight for the bats, as CBD terms it.

Further information can be had at http://www.caves.org/WNS, or the U.S. Fish and Wildlife site itself: http://www.fws.gov/whitenosesyndrome/

Sincerely,
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby boogercaver71 » May 27, 2011 1:12 pm

John Lovaas wrote:
boogercaver71 wrote:I know for a fact that the upper echelon at Mammoth are taking them seriously.


As someone who caves regularly at Mammoth, ran a CRF expedition two months ago, currently sits on the CRF BoD, and counts some of the 'upper echelon' at Mammoth as good friends-

I'm not aware of any facts that would support your statement 'the upper echelon at Mammoth are taking them(CBD) seriously.'

Project cavers are still caving there, wild cave tours are still running, tourists walk across a biomat. Not so bad.


As the Director of the Mammoth Cave Restoration Project, my contacts (who I will not name) told me this directly that they are worried about the CBD lawsuits, and are taking a proactive approach to WNS public education and decon procedures of us CRF, wild cave tours,, and regular tours.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby John Lovaas » May 27, 2011 2:00 pm

boogercaver71 wrote:As the Director of the Mammoth Cave Restoration Project, my contacts (who I will not name) told me this directly that they are worried about the CBD lawsuits, and are taking a proactive approach to WNS public education and decon procedures of us CRF, wild cave tours,, and regular tours.


Yes, Mammoth Cave NP is taking a proactive approach- which they laid out in their WNS management plan, signed by the Superintendent 5 months ago. Some of the plan content was authored as much as 10 months ago. I don't think the Intent To Sue letter influenced the process.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby boogercaver71 » May 27, 2011 2:20 pm

John Lovaas wrote:
boogercaver71 wrote:As the Director of the Mammoth Cave Restoration Project, my contacts (who I will not name) told me this directly that they are worried about the CBD lawsuits, and are taking a proactive approach to WNS public education and decon procedures of us CRF, wild cave tours,, and regular tours.


Yes, Mammoth Cave NP is taking a proactive approach- which they laid out in their WNS management plan, signed by the Superintendent 5 months ago. Some of the plan content was authored as much as 10 months ago. I don't think the Intent To Sue letter influenced the process.


I never said it did. All I said is that they are taking the CBD threats of lawsuits seriously.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby boogercaver71 » May 27, 2011 2:42 pm

Actually the CBD called for the closing of all federally owned caves over 16 months ago in an emergency petition. This new lawsuit is just a continuation of this petition when the CBD did not get what they wanted.

For Immediate Release, January 21, 2010

Contact: Mollie Matteson, Center for Biological Diversity, (802) 434-2388 (office), (802) 318-1487 (cell)

Emergency Petitions Filed to Close Caves and Save Bats From Extinction

WASHINGTON— The Center for Biological Diversity today filed two emergency petitions with the federal government in an effort to stop the spread of a deadly bat disease and step up government action to save two rare bat species from extinction. The first petition asks federal agencies to close all caves under their jurisdiction and asks Interior Secretary Salazar to pass regulations banning travel between caves under any jurisdiction. The second petition asks for the eastern small-footed bat and the northern long-eared bat, both hit hard by the newly emergent disease known as white-nose syndrome, to be protected as endangered species under the federal Endangered Species Act.

“White-nose syndrome has decimated bats in the Northeast and is quickly spreading to other regions,” said Mollie Matteson, a conservation advocate with the Center. “Our government needs to increase its response by an order of magnitude to offer any hope for bats in the eastern United States and to ensure that the disease does not spread across the country.”

The Center’s actions come as scientists and wildlife agencies brace themselves for a fourth winter of bat deaths across the eastern United States. Since white-nose syndrome was first documented in caves in the Albany, New York area in early 2007, the disease – since confirmed as a previously unknown fungus – has spread to bat populations in a total of nine states. Biologists believe it will show up in new areas this winter, and may reach some of the densest and most diverse bat populations in the world, in the South and Midwest, within the next year or two. Thus far, over a million bats are dead from the syndrome.

“This is the worst wildlife catastrophe the country has seen since the extinction of the passenger pigeon,” said Matteson. “Bats eat millions of insects every year, meaning their loss could have far-reaching consequences for people and for crops.”

The Center is requesting that the secretaries of the Interior, Agriculture, and Defense close all bat-inhabited caves and mines on federal lands throughout the continental United States to prevent the possible human transmission of the fungus that causes white-nose syndrome and to ban travel between caves with bats under any jurisdiction. Scientists suspect that people are partially responsible for the fungus’ spread and may even have introduced it to North America. A recent genetic analysis of a white fungus found on a bat in France confirmed that it is identical to the disease-causing fungus in the United States. However, European bats do not appear to become ill from the fungus.

“Closing access to caves is a necessary precaution until white-nose syndrome is better understood and it can be determined that entering caves is safe,” said Matteson.

The two bat species the Center is petitioning to have listed as endangered were already rare prior to the appearance of white-nose syndrome and are now at grave risk of extinction.

“Without aggressive efforts to secure their habitat and stem further losses from all causes, including human transmission of the new bat disease, these bats may soon join the sad list of American species we know only from textbooks and museums,” said Matteson.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby BrianC » May 27, 2011 2:46 pm

LukeM wrote:
Scott McCrea wrote:The CBD has a website where you can sign a form letter supporting their efforts that will be sent to the USFS. I signed one.

:yikes: What!

Calm down. I signed it "Don't Close Caves." and "Bats spread WNS" and "Closures Don't work" and "Support WNS research" :shhh:


Scott, I thought about doing the same, but then I realized that if the Forest Service is getting hundreds or thousands of form letters like this all with the subject line "Protect Bats From White-Nose Syndrome, Close Caves", whatever we may say in the contents may get overlooked and just lumped into the rest of the "close caves" messages. Be careful.


you are dead on, don't "LIKE" their site!
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby Teresa » May 27, 2011 3:02 pm

You all need to really read their petition, and then disagree on the basis of their bad information. And yes, there is lots of it there, starting with their lack of knowledge of USFS Regions and regional closures.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby nathanroser » May 27, 2011 9:01 pm

Having read the entire document and looking up how the FWS defines "take" under the Endangered Species Act, the CBD has openly declared their intention to make entering any cave with bats illegal regardless of ownership status and to hold the owner responsible as well as those entering the cave. It's hard to believe but it's in section II B. I suppose they get credit for not writing the petition in indecipherable legal jargon.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby bigredfoote » May 31, 2011 7:52 pm

Peter and the BOG are still working on a full response (Peter has been dealing with major flooding issues), but here is what I sent to the Western Bat Working Group in response to this notice.


As some of you know, in addition to being a NMBWG co-chair, I am currently on the NSS Board of Directors. I want to reassure you all that the NSS disapproves of lawsuits that will waste government resources that should be going towards WNS research and management. For 70 years, the NSS has been dedicated to the scientific study of caves and karst as well as protecting caves and their natural contents. We plan to continue working together with agencies, academics, and other NGOs to find a solution to WNS and really "save our bats".

Jennifer Foote
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby cavermom » Jun 1, 2011 8:26 am

bigredfoote wrote:As some of you know, in addition to being a NMBWG co-chair, I am currently on the NSS Board of Directors. I want to reassure you all that the NSS disapproves of lawsuits that will waste government resources that should be going towards WNS research and management. For 70 years, the NSS has been dedicated to the scientific study of caves and karst as well as protecting caves and their natural contents. We plan to continue working together with agencies, academics, and other NGOs to find a solution to WNS and really "save our bats".

Jennifer Foote

:clap: Well said, and thank you!
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby wyandottecaver » Jun 1, 2011 5:13 pm

noble in thought. The reality is that there is almost certainly no "solution" to WNS to be had at this point......for any price..... so stop wasting money on research and use it to secure caver access to caves.

WNS will kill every bat susceptible to it either physically or by virtue of their environment (hot states, or those with milder winters might blunt WNS)...period. Hopefully that won't be every single bat of some species...but then again it might mean we lose several species entirely.

with regards to WNS, saving our bats just isn't our choice anymore.
I'm not scared of the dark, it's the things IN the dark that make me nervous. :)
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby BrianC » Jun 1, 2011 6:16 pm

wyandottecaver wrote:noble in thought. The reality is that there is almost certainly no "solution" to WNS to be had at this point......for any price..... so stop wasting money on research and use it to secure caver access to caves.

WNS will kill every bat susceptible to it either physically or by virtue of their environment (hot states, or those with milder winters might blunt WNS)...period. Hopefully that won't be every single bat of some species...but then again it might mean we lose several species entirely.

with regards to WNS, saving our bats just isn't our choice anymore.


That very well sums it up! Good job Wyandotte!
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby PYoungbaer » Jun 14, 2011 8:54 pm

The NSS's formal response to the CBD Letter of Intent to Sue was faxed to appropriate federal officials on June 9. You can read it in full on the NSS WNS website.
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby boogercaver71 » Jun 14, 2011 10:03 pm

This was one very well written response, and it gave the CBD the spanking they deserve. Thanks :kewl:
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Re: CBD Files Intent to Sue in 30 Days if Caves Not Closed

Postby tncaver » Jun 15, 2011 8:18 am

Every member of the NSS now has the opportunity to give the CBD the spanking they deserve, by writing their US legislators for their states and asking
them to support the Government Savings Litigation Act, to be introduced in Congress by Senator John Barrasso (R-Wyoming) and Wyoming Representative Cynthia Lummi, which will stop organizations like the CBD from receiving huge payoffs from the government
when the government does not act fast enough on filed petitions such as the one the CBD filed to have all caves closed.

Read more here:
http://tucsoncitizen.com/view-from-baja ... al-groups/

Write your US legislators and ask them to support this legislation which will help to stop the CBD from getting richer at taxpayer expense and
limit their ability to make unreasonable demands based on the Environmental Protection laws.

Peter Youngbaer needs your help fighting this over zealous group of so called enviro lawyers.
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