Suit to block predator control programs back in district court

The 9th Circuit Court has breathed life into a lawsuit aimed at forcing the federal government to stop helping Nevada’s predator control program.

A three-judge panel reversed the district court dismissal of WildEarth Guardians lawsuit, sending it back to district court in Las Vegas for further hearings.

The opinion filed Monday agreed with WildEarth advocates that the federal Animal and Plant Health Inspection Service (APHIS) failed to properly update its Environmental Impact Statement on the effects of the predator control program and that the program may have damaged its members’ enjoyment of wildland areas by reducting the likelihood of seeing various animals.

APHIS provides the bulk of funding that supports predator control by the Nevada Wildlife Department. The joint agreement has been in effect in Nevada for more than 80 years and, under the arrangement, the federal government provides not only funding but staffing and supervision.

Federal officials argued that even if they stopped predator damage control funding, the state would retain the statutory ability to run a program.

But a federal study of the APHIS program did agree that pulling federal money out would “greatly reduce aerial hunting” of predators such as coyotes and would probably significantly reduce efforts to reduce and control raven populations. Ravens have become a sore point because they are accused of destroying and eating bird eggs including those of the Sage Grouse.

The panel sent the case back for the district court to review whether or not the failure to update the environmental impact statement by analyzing the impacts of trapping, aerial hunting and bird poison.