January 9, 2004

Contact:

John Buse, EDC (805) 677-2577
Peter Galvin, CBD (707) 986-7805

ENVIRONMENTAL GROUPS APPEAL TO NINTH CIRCUIT TO PROTECT ENDANGERED UNARMORED THREESPINE STICKLEBACK

VENTURA, CA - The Environmental Defense Center ("EDC"), representing Friends of the Santa Clara River, and the Center for Biological Diversity ("CBD") filed notice on January 8, 2004 that they will pursue their claims under the Endangered Species Act to protect a rare and highly endangered fish species before the Federal Ninth Circuit Court of Appeals.

The Unarmored Threespine Stickleback existed historically throughout Southern California's rivers and streams. The fish is now on the verge of extinction due to widespread destruction and modification of its habitat. Today, only a few viable Stickleback populations remain in California, one on the upper Santa Clara River near the proposed site for the Newhall Ranch development in Los Angeles.

In early 2002, EDC and CBD filed suit in federal district court to require the U.S. Fish and Wildlife Service ("FWS") to designate critical habitat for the Stickleback, which was listed as an endangered species in 1970. The lawsuit also challenged FWS's decision to authorize the harming or killing of the Stickleback that would result from the proposed CEMEX gravel mine operation in Soledad Canyon. These claims were dismissed by the Central District Court of California in November of 2003.

The groups' decision to appeal their claims to the Ninth Circuit Court of Appeals is based on the precarious status of the Stickleback and the significant threats it faces from urban sprawl, water pumping and the massive gravel mine proposed in Soledad Canyon. EDC attorney John Buse stated, "The federal government has known for over twenty years that protection of this species' habitat is critical to its survival and recovery, and it is inexcusable that they have failed to take this important step to protect it." Buse added, "A critical habitat designation is essential to protect the Stickleback from the impacts of the Newhall Ranch Development."

Peter Galvin, California Director, for the Center for Biological Diversity, stated "While the unarmored threespine stickleback was once a common species in the LA area, today it is one of the most endangered fish in the United States. Galvin added, "This species will go extinct unless its habitat is protected."

Designation of critical habitat adds an additional important layer of protection for wildlife listed as endangered or threatened under the Endangered Species Act. Federal agencies are barred from granting permits and funding or authorizing activities that would adversely modify or destroy the habitat areas. Research has shown that species for which critical habitat has been designated are recovering faster than those for which critical habitat has not been designated.

Since 1977, EDC has been serving California's Central Coast as the only nonprofit, public interest environmental law firm between Los Angeles and San Francisco. EDC represents citizen groups in court and before governmental agencies, provides legal counsel, and educates the community on issues involving water quality and watersheds, biodiversity and endangered species, environmental health and justice, land use and open space, offshore oil and gas, and access to public lands. For more information, contact EDC at (805) 963-1622.

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