WILD BILL

The Mouse That Roared


By Bill Schneider, 4-06-06

 
  Preble's meadow jumping mouse. Photo courtesy of the U.S. Fish and Wildlife Service.

I’ve been accused of only caring about and writing about the so-called charismatic megafauna, you know, the grizzly bears, bison, wolves, and elk—at the expense, of course, of many smaller creatures that collectively complete the ecosystems we need to exist. So today, to set the record straight, I’m writing about the mouse that roared.

Not the 1959 Grade B movie or the mouse that lives down in Anaheim, but a little rodent that lives on the Front Range of Colorado. It only weighs an ounce, but it might be big enough to stop runaway commercial development or bring down the Endangered Species Act—or both.

The story started back in 1998 when the U.S. Fish and Wildlife Service (FWS) designated the Preble’s meadow jumping mouse as a threatened species—the same designation bestowed upon the mighty grizzly bear—under the provisos of the Endangered Species Act (ESA). The landmark law, clearly the most controversial environmental legislation ever passed, protects all species, not just the megafauna. In fact, most listed species are small birds, rodents, and slimy things you never heard of. Legally and scientifically, the mouse equals the bear.

The disciples of biodiversity have a tough life. They must convince us a mouse is worth saving, especially at the expense of a big housing development or new highway, maybe even a school or hospital. Scientists see Preble’s meadow jumping mouse as a wonderfully unique member of the Order Rodentia, one of many hundreds of biologically different, visually similar, mouse-like critters. But to most people, it’s only another dirty little rodent that they don’t want in their kitchen.

As a threatened species, the mouse has power. It can stop a freeway from being built through its critical habitat. It can even stop—and indeed, it has—the aggressive politics of the Bush administration, something the United Nations couldn’t do.

The mouse has become the poster child of House Resources Committee Chairman Richard Pombo (R-CA) and other politicians trying to “reform” the ESA, which puts the greens in the unenviable position of defending the mouse. Must make them feel like Saddam’s lawyers. Not fun, but needs to be done.

Enviros have faced this type of public relations challenge before. In fact, the ESA shot right out of the chute with such a controversy. By the time Congress passed the ESA in 1973, it had already authorized the Tellico Dam on the Little Tennessee River. In this case, it was the minnow that roared. Opponents of the dam found a similar “insignificant” but endangered species, a three-inch fish called the snail darter, inhabiting the river and used the ESA to delay the gates of already built Tellico Dam from closing for years while the litigation climbed up to the Supreme Court, which eventually ruled for the snail darter. Congress then exempted Tellico Dam from the ESA. Other “unimportant” species like the desert pupfish, Kirtland’s warbler, and Utah prairie dog have stalled development, as has the desert tortoise, which has limited the expansion of Las Vegas.

On March 23, the Wall Street Journal lambasted the mouse in a pointy commentary called Of Mice and Men. WSJ editorial board member Stephen Moore called efforts to save the mouse “preposterous” and followed with a litany of business horror stories like a FWS requirement to build million-dollar mouse pathways under a pond. So far, Moore claims, the mouse has cost Colorado landowners $183 million with no end in sight.

To stop their losses, a Colorado property rights coalition hired scientist Rob Roy Ramey from the Denver Museum of Natural History to study the mouse. Ramey not only concluded the Preble’s meadow jumping mouse wasn’t threatened but wasn’t even a distinct species. Instead, he claimed, it was a minor variant of other mouse species.

Using Ramey’s study, landowners and developers petitioned the FWS for delisting. Even Interior Secretary Gale Norton touted Ramey’s study in pushing for delisting of the mouse.

In response, the FWS, which let us not forget is under Norton’s preview and controlled by the extremely ESA unfriendly administration, did its own study and concluded the mouse was indeed a distinct species—and a threatened one at that—and denied delisting. (Enviros drummed Ramey out of the Denver Museum of Natural History, but he landed a nice job with the White House efforts to delist more endangered species.)

What makes the mouse so controversial is the unfortunate (or fortunate?) fact that its range coincides with the Front Range of Colorado, the east slope of the Continental Divide, starting about Colorado Springs and extending north halfway through Wyoming, a rapidly growing region to say the least. That guarantees more opportunities for the mouse to face off with a bulldozer. If the Preble’s mouse lived in western Utah or eastern Montana, nobody would have ever heard of it.

In his editorial, Moore claimed the threatened status itself threatened the mouse and hence should be removed just to save the species. One in four landowners purposely degraded mouse habitat, he wrote, but didn’t stop there. “Many of these landowners have been so strong-armed by federal bureaucrats that they have come to believe—with good reason—that the original and widely supported intent of the ESA has been subverted into a back-door means to slam the brakes on economic development.”

To support this, Moore quoted R.J. Smith, credited with being an ESA expert at the Competitive Enterprise Institute: "It's a cost-free way for the government and the greens to impose land-use control on property owners."

Now, that’s what I call preposterous.

In looking at this “mouse problem,” three things occur to me. First, I dearly hope most people can see through the superficial ploy by the Pombos and Moores and Smiths of the world. They want us to laser focus on one situation or species, such as a lowly rodent, and ignore the big picture to justify their cause—gutting the ESA. Even though the historic legislation may need a fix or two, everybody knows these critics intend to leave a toothless shell behind in the name of “reform.” Their true intent prevents true reform because greens are justifiably paranoid about supporting any legitimate ESA reforms in fear that they will be blended with devastating amendments in the congressional grinder and result in the irreversible loss of ESA effectiveness.

Second, in places like the Front Range, an inappropriate development should be defeated by its own inappropriate-ness, but regrettably, many such developments go ahead regardless. This puts opponents into the position of desperation where their last option might be the “mouse card,” no different than enviros in the northern Rockies frequently playing “bear card” to stop destructive development. Keep in mind that greens push this legal agenda, not the FWS, and I seriously doubt they’re truly out there passionately trying to save mouse habitat. Instead, it’s about stopping something that in some (but definitely not all) cases needs to be stopped. This makes the other land use laws—those that pave the way for inappropriate, destructive development—the real problem, not the ESA, which has merely become the last line of defense and, of course, the whipping boy of developers and conservative politicians.

Third, the greens need to pick their battles wisely and, at times, pull in their fangs, and I question whether the end justifies the means in some situations. Greens don’t want to give the other side free punches with things like million-dollar, red-carpeted mouse tunnels. Some fights aren’t worth fighting, We could, for example, try to ban domestic cats in Preble’s mouse habitat because you know what cats do, right? But if enviros think property rights fanatics and developers are challenging, wait until the Cat People turn on them. I doubt this will advance the cause of saving the ESA.

In my view, the ESA has become the foundation of species conservation, but we must be reasonable in enforcing it or in our defense of all species in all situations. We can’t push it to the point where landowners view it as an economic plague, which they probably do now in Colorado and many other places. If we keep this up, the Act itself could go extinct.



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