Second bison range suit filed

MOIESE — The national refuge advocacy group Blue Goose Alliance followed through last week with a threat to file a lawsuit against the Department of the Interior in response to the agreement between the federal government and the Confederated Salish and Kootenai Tribes for joint management of the National Bison Range located in Moiese.

The suit was filed against the DOI and U.S. Fish and Wildlife Service in U.S. District Court in Washington, D.C.

The suit seeks to terminate the Annual Funding Agreement, which was a culmination of intense negotiations by the federal government and Tribal officials to restructure management duties on the range. The agreement, giving partial management to the Tribes, was signed during a ceremony in July 2008.

A letter stating the group’s intent to sue if the agreement was not rescinded in 60 days was issued by Blue Goose in January. The group’s president, Don Redfearn, said in a January interview that the group believed the agreement was “contrary to federal mandates for the management of national refuges.” A Blue Goose press release said last week that the agreement is in violation of the National Wildlife Refuge System Administration Act, the National Environmental Policy Act, the Endangered Species Act, the Administrative Procedures Act and the Freedom of Information Act.

The release also notes “great concern” about the processes used at Interior to develop the management structure.”

“The NBRC has suffered near complete loss of experienced staff and serious disruption of its operational and management requirements,” the release said.

The Blue Goose website states that its mission is “to promote the establishment of the National Wildlife Refuge System as a separate agency within the U.S. Department of the Interior. The organization is based primarily on electronic membership and has members from across the country, Redfearn said.

This is the second suit filed against the DOI regarding the AFA.

The employee protection organization Public Employees for Environmental Responsibility filed a lawsuit in early December 2008, claiming the AFA giving the Tribe shared management rights violates the federal oversight and employment laws. Two area men are named as plaintiffs on that suit. PEER is based out of Washington, D.C.

CSKT has filed paperwork to officially intervene with the PEER suit, but is still examining the latest suit.

“We knew this was coming we just didn’t know what arguments they would raise,” CSKT spokesman Rob McDonald said.

With exception to the endangered species references, immediate examination showed that the Blue Goose suit closely resembles  PEER’s, McDonald said.

“Most of these arguments have been raised in the past,” McDonald said. “This time we’ll address them in the U.S. District Court.”

Since the AFA was signed in July, CSKT has worked to hire range employees. A Tribal head deputy director is now in place, McDonald said, and the hiring is close to being complete.

This year the range will celebrate its 101st anniversary. It will open for summer hours on May 1.