Washington County files lawsuit against federal agencies
Aug 7, 2024, 2:00 PM
Red desert sand and slickrock are key features of the Red Cliffs Desert Reserve. (Faith Heaton Jolley/Utah Divison of Wildlife Resources)
(Faith Heaton Jolley/Utah Divison of Wildlife Resources)
ST. GEORGE, Utah — The Washington County Commission and County Attorney Eric Clarke said they have filed a lawsuit against the U.S. Bureau of Land Management and the U.S. Fish and Wildlife Service. It is related to the Northern Corridor project.
According to court documents, Washington County alleged that the agencies illegally revoked a biological opinion related to the Northern Corridor project.
The Bureau of Land Management and Fish and Wildlife Service approved the Northern Corridor project in 2021.
The lawsuit alleges that after some groups expressed opposition, the Department of the Interior began working to reverse the approval.
The document did not specify which groups expressed opposition. However, Washington County said that the department attempted to continue imposing conservation obligations that came with the approval.
“They are requiring us to continue spending taxpayer resources even though they revoked the biological opinion that triggered the expenditures in our Habitat Conservation Plan,” said Washington County Commissioner Victor Iverson.
What is the goal of the Northern Corridor lawsuit?
Washington County is seeking a court order to review violations of the Endangered Species Act and the “No Surprises” rule. The county also wants a judicial declaration that says the consultation improperly restarted.
According to Washington County, the restart resulted in “illegal and invalid” amendments to the biological opinion.
“The U.S. Fish and Wildlife Service is breaking its own rule,” said Iverson.
A press release from Washington County said that the cancellation of the project could have large financial repercussions. Additionally, it could risk the protections placed over “Zone 6.”
According to the Bureau of Land Management, Zone 6 is a proposed mitigation area.
Intended to offset the impact of the Northern Corridor, Zone 6 was meant to add 6,800 acres to the Red Cliffs Desert Reserve. It is located west of Bloomington and south of Santa Clara, per the press release.
Washington County Commissioner Gil Almquist said that a chunk of the land will be sold to developers if the plan is canceled.
“[It could lead] to permanent habitat destruction, and ultimately the decimation of hundreds of desert tortoises and thousands of endangered dwarf bear-poppy plants,” said Almquist.
Related: Utah files lawsuit over BLM Public Lands Rule
