A group of Sacramento-area property owners and land managers on Wednesday threatened to sue the federal government if it does not proceed with removing a native beetle from the endangered species list.
The U.S. Fish and Wildlife Service initially proposed removing the valley elderberry longhorn beetle from the endangered species list in 2006. But the process has dragged along and the beetle remains protected.
On Wednesday, the Pacific Legal Foundation, a Sacramento-based nonprofit law firm, said the delay may have cost its clients millions of dollars over the past five years. Those clients include land owners, levee maintenance districts and farming organizations that have been required to protect beetle habitat.
Though there is evidence the beetle's population has improved, its habitat has always been relatively abundant. The valley elderberry bush, the beetle's specific host plant, is hardy and commonplace. But because the beetle remains protected, construction projects are often required to relocate or replant the bushes at great expense.
The legal foundation on Wednesday delivered a 60-day notice of intent to sue the Fish and Wildlife Service, a prerequisite under the Endangered Species Act.
"We didn't want to have to file this" said Brandon Middleton, an attorney for the legal group. "This first step in potential litigation really is, unfortunately, the only way to force the agency's hand."
Fish and Wildlife spokesman Robert Moler said his agency has had inadequate resources to complete the beetle's delisting review in a timely fashion.
"The review continues to be a high priority for us," Moler said.
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