County to appeal Gunni sage grouse court ruling

Working with partners to decide best route

By Cayla Vidmar

The Gunnison County commissioners have decided to file an appeal of a recent court decision against their position in regard to the Gunnison sage grouse. The board of county commissioners (BOCC) held an executive session Tuesday afternoon to discuss the federal district court ruling to keep the Gunnison sage grouse on the endangered species list as threatened. The BOCC decided after the executive session to move to appeal that ruling.

Earlier this month, Gunnison County, the Gunnison Stockgrowers Association, the state of Colorado, the state of Utah and San Juan County (Utah) lost their case in federal district court when a judge ruled to keep the Gunnison sage grouse on the endangered species list. This ruling more severely restricts what can be done on sage grouse habitat and could negatively impact things like local ranching operations.

In 2014, the U.S. Fish and Wildlife Service (USFWS) added the Gunnison sage grouse to the list of endangered and threatened wildlife and designated 1.4 million acres in Colorado and Utah as “critical habitat” for the bird. In 2014, the USFWS said only 4,700 Gunnison sage grouse existed, and put the number at 5,000 in 2017.

“It is the intent of the Board of County Commissioners to continue our community’s 20-plus years of efforts to foster a healthy species of Gunnison Sage grouse. This intent continues despite our disagreement with the listing of the species as “threatened” and with the federal District Court’s recent decision.  We have instructed the County Attorney’s office to effectuate an appeal of that decision,” commented county commissioner Jonathan Houck.

Commissioners directed county attorney David Baumgarten to connect with partners in the case and begin the appeal process. Baumgarten said his next step is to consult with the other partners in the lawsuit to determine the best route to file the appeal.

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