Steve Davies

is editor and publisher of Endangered Species & Wetlands Report.

Apr 302013
 

Audio file (If file doesn’t begin playing immediately, right-click to download it and then listen)

USGS links

Assessment of undiscovered oil resources in the Bakken and Three Forks Formations, Williston Basin Province, Montana, North Dakota, and South Dakota, 2013

Input-form data for the U.S. Geological Survey assessment of the Devonian and Mississippian Bakken and Devonian Three Forks Formations of the U.S. Williston Basin Province, 2013

A copy of the press release is pasted below.

USGS Releases New Oil and Gas Assessment for Bakken and Three Forks Formations


Finds Formations Have Greater Resource Potential than Previously Thought

04/30/2013

Contact: Blake Androff (Interior) 202-208-6416
Anne-Berry Wade (USGS) 703-648-4483

WASHINGTON, D.C. —The United States Geological Survey (USGS) today released an updated oil and gas resource assessment for the Bakken Formation and a new assessment for the Three Forks Formation in North Dakota, South Dakota and Montana. The assessments found that the formations contain an estimated mean of 7.4 billion barrels (BBO) of undiscovered, technically recoverable oil. The updated assessment for the Bakken and Three Forks represents a twofold increase over what has previously been thought.

The USGS assessment found that the Bakken Formation has an estimated mean oil resource of 3.65 BBO and the Three Forks Formation has an estimated mean resource of 3.73 BBO, for a total of 7.38 BBO, with a range of 4.42 (95 percent chance) to 11.43 BBO (5 percent chance). This assessment of both formations represents a significant increase over the estimated mean resource of 3.65 billion barrels of undiscovered oil in the Bakken Formation that was estimated in the 2008 assessment.

“These world-class formations contain even more energy resource potential than previously understood, which is important information as we continue to reduce our nation’s dependence on foreign sources of oil,” said Secretary of the Interior Sally Jewell. “We must develop our domestic energy resources armed with the best available science, and this unbiased, objective information will help private, nonprofit and government decision makers at all levels make informed decisions about the responsible development of these resources.”

A key component of President Obama’s all-of-the-above energy strategy is the availability of sound science to guide informed decision-making regarding the safe and responsible development of America’s domestic energy resources.

“The USGS undertook this assessment of the Bakken and Three Forks Formations as part of a nationwide project assessing U.S. petroleum basins using standardized methodology and protocol,” said Acting Director of the USGS Suzette Kimball. “Through this improved understanding of our energy resources, government, industry, and citizens are better able to understand our domestic energy mix and make wiser decisions for the future.”

Since the 2008 USGS assessment, more than 4,000 wells have been drilled in the Williston Basin, providing updated subsurface geologic data. Previously, very little data existed on the Three Forks Formation and it was generally thought to be unproductive. However, new drilling resulted in a new understanding of the reservoir and its resource potential.

In addition to oil, these two formations are estimated to contain a mean of 6.7 trillion cubic feet of undiscovered, technically recoverable natural gas and 0.53 billion barrels of undiscovered, technically recoverable natural gas liquids. Gas estimates range from 3.43 (95 percent chance) to 11.25 (5 percent chance) trillion cubic feet of gas and 0.23 (95 percent chance) to 0.95 (5 percent chance) billion barrels of natural gas liquids. This estimate represents a nearly threefold increase in mean natural gas and a nearly threefold increase in mean natural gas liquids resources from the 2008 assessment, due primarily to the inclusion of the Three Forks Formation.

The primary source of oil for the Bakken and Three Forks Formations are the Upper and Lower Bakken Shale Members of the Bakken Formation. USGS assessed the Bakken and Three Forks Formations for both continuous and conventional resources. Unlike conventional oil accumulations, continuous oil remains in or near the original source rock, and instead of occurring in discrete accumulations is dispersed heterogeneously over large geographic areas.

The geological foundation that underpins the assessment was facilitated by data provided by the North Dakota Geological Survey, North Dakota Industrial Commission, Montana Board of Oil and Gas, and multiple industry groups working in this region. This new information and data allowed USGS to develop a more robust geologic model and understanding of the petroleum system of the Bakken and Three Forks Formations.

Technically recoverable oil resources are those producible using currently available technology and industry practices. USGS is the only provider of publicly available estimates of undiscovered technically recoverable oil and gas resources of the US onshore and state waters.

More Resources:

To learn more about USGS energy assessments and other energy research, please visit theUSGS Energy Resources Program website, sign up for the Newsletter, and follow USGS on Twitter. For more information on the Interior Department, see www.doi.gov.

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Apr 302013
 

Other links

Press release from National Research Council (4/30/2013)

Federal Agencies Should Use a Common Approach to Evaluate Risks
That Pesticides Pose to Endangered and Threatened Species

WASHINGTON — When determining the potential effects pesticides could pose to endangered or threatened species, the U.S. Environmental Protection Agency, National Marine Fisheries Service (NMFS), and Fish and Wildlife Service (FWS) should use a common scientific approach, says a new report from the National Research Council.  Specifically, the agencies should use a risk assessment approach that addresses problem formulation, exposure analysis, effects analysis, and risk characterization.

Under the Federal Insecticide, Fungicide, and Rodenticide Act, before a pesticide can be sold, distributed, or used in the United States, EPA must ensure that it does not cause unreasonable adverse effects on the environment, which includes species that are listed as endangered or threatened and their habitats.  Moreover, the U.S. Endangered Species Act requires federal agencies, including EPA, to consult with FWS and NMFS when a federal action “may affect” a listed species or its habitat.  If EPA determines that a pesticide is “not likely to adversely affect” a listed species — and FWS or NMFS agrees — no further consultation is required.  However, if EPA determines that a pesticide is “likely to adversely affect” a listed species, a formal consultation with FWS or NMFS is required, and FWS or NMFS determines whether a proposed action is likely to jeopardize the listed species and issues a biological opinion.

Over the last decade, questions have been raised regarding the best approaches or methods for determining the risks pesticides pose to listed species and their habitats.  EPA, FWS, and NMFS have developed their own approaches because their legal mandates, responsibilities, institutional cultures, and expertise differ.  Although the agencies have tried to resolve their differences in assessment approaches, they have been unsuccessful at reaching a consensus.  As a result, the National Research Council was asked to examine the scientific and technical issues related to determining risks posed by pesticides to listed species.

The committee that wrote the report said that a common approach among the agencies is needed.  The risk assessment paradigm that traces its origins to the Research Council reports Risk Assessment in the Federal Government: Managing the Process and more recently to Science and Decisions: Advancing Risk Assessment has become scientifically credible, transparent, and consistent; is reliably anticipated by all parties involved in decisions regarding pesticide use; and clearly articulates where scientific judgment is required and the bounds within which such judgments can be made.  Such a process is used broadly for human-health and ecological risk assessments throughout the federal government.

If FWS and NMFS could build on EPA’s analysis of whether a pesticide is likely to adversely affect a listed species rather than conduct a completely new analysis, the assessment would likely be more effective and scientifically credible, the committee determined.  Furthermore, agreement among the agencies has been impeded by a lack of communication and coordination throughout the process.  Therefore, the committee emphasized the need for coordination, which it views as necessary to ensure a complete and representative assessment of risk and that each agency’s technical needs are met.

The committee examined several components of the risk assessment process where better coordination and agreement would facilitate an integrated approach to examining risks to listed species and their habitats.  These included evaluating methods for identifying the best scientific data available, assessing approaches for developing modeling assumptions, identifying geospatial information that might be used in the risk assessment, reviewing approaches for characterizing effects, analyzing the scientific information available for estimating effects of mixtures and inert ingredients, and examining the use of uncertainty factors to account for gaps in data.

The study was sponsored by the National Oceanic and Atmospheric Administration, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and U.S. Department of Agriculture.  The National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council make up the National Academies.  They are private, independent nonprofit institutions that provide science, technology, and health policy advice under a congressional charter granted to NAS in 1863.  The Research Council is the principal operating agency of the National Academy of Sciences and the National Academy of Engineering.  For more information, visit http://national-academies.org.

BAKKEN

Press release and report (released 4/30/13)

Apr 252013
 

“W.Va. members of Congress promise action against EPA” is the headline in the West Virginia Record, whose article noted that 80 percent of the state’s congressional delegation had posted press releases criticizing the D.C. Circuit’s decision that said EPA had the authority to partially revoke a permit for the Spruce Mine. (Only Jay Rockefeller appears not to have weighed in.)

Rep. Nick “Joe” Rahall said he would “soon be reintroducing the Clean Water Cooperative Federalism Act, legislation the House approved last year to prevent the EPA from using the guise of clean water as a means to disrupt coal mining as they have now done with respect to the Spruce Mine in Logan County, West Virginia.”

Coverage of the case includes this account from James Bruggers of the Louisville Courier-Journal, who notes that the day before the D.C. Circuit ruling, the Cincinnati-based Sixth Circuit “invalidated a 2007 version of a streamlined permit used by the Corps to authorize the dumping of coal-mining waste into hundreds of miles of Appalachian streams.” (Corps permit info.)

Conclusion of Sixth’s ruling:

Though we generally give greatest deference to an agency’s “complex scientific determination[s] within its area of special expertise,” Balt. Gas & Elec. Co., 462 U.S. at 103, we may not excuse an agency’s failure to follow the procedures required by duly promulgated regulations, see, e.g., Motor Vehicles Mfrs. Ass’n, 463 U.S. at 43. During oral argument, the Corps repeatedly objected to the feasibility of Riverkeeper’s demands.

This policy argument misses the point. After opting for streamlined nationwide permitting, the Corps took the easier path of preparing an environmental assessment instead of an environmental impact statement. Having done so, it needed to follow the applicable CWA and NEPA regulations by documenting its assessment of environmental impacts and examining past impacts, respectively. Failing these regulatory prerequisites, the Corps leaves us with nothing more than its say-so that it meets CWA and NEPA standards. We may not supply a reasoned basis for the agency’s action that the agency itself has not given. See SEC v. Chenery Corp., 332 U.S. 194, 196 (1947).

We hereby invalidate permit 21 as arbitrary and capricious, 5 U.S.C. § 706(2)(A), but stay this ruling for 60 days to allow the parties and the district court an opportunity to assess the ramifications of this ruling on existing projects and potential remedies.

Releases

  • Sen. Joe Manchin
  • McKinley Criticizes Court Decision in Spruce Mine Case (from Rep. David McKinley, R-WV-1) (4/23/13)
    Urges Legislative Action to Stop EPA Authority
  • Rahall: Unprecedented Authority Given to EPA in Spruce Mine Decision (Rep. Nick Rahall, D-WV-3)
  • Capito Condemns Federal Appeals Ruling on EPA Overreach (Office of Shelley Moore Capito, R-WV-2)
  • Sierra Club, et al.: “The decision reverses the lower court’s contrary ruling, and is a major blow to the coal industry’s attempt to prevent EPA from protecting communities from the harm caused by mountaintop removal mining in Appalachia.”
  • National Mining Assn.: “By upholding the Environmental Protection Agency’s view that it has unbounded authority to retroactively revoke permits issued by another federal agency, the U.S. Court of Appeals for the District of Columbia has pulled the regulatory rug out from under the feet of U.S. companies, eliminating the certainty of permits and upending an already complicated permitting process. As a result, a cloud of uncertainty now hangs over any project and companies will no longer have the assurance required to encourage investments, grow our economy and create U.S. jobs.”
Apr 242013
 

The National Academy of Sciences’ National Research Council will release a report next week evaluating the effects of pesticides on threatened and endangered species.

Here’s the statement from NAS:

Evaluating Risks That Pesticides Pose to Endangered, Threatened Species – New Report

A new report from the National Research Council examines how the U.S. Environmental Protection Agency, National Marine Fisheries Service (NMFS), and Fish and Wildlife Service (FWS) should determine the potential effects pesticides could pose to endangered or threatened species.

Under the Federal Insecticide, Fungicide, and Rodenticide Act, before a pesticide can be sold, distributed, or used in the United States, EPA must ensure that it does not cause unreasonable adverse effects on the environment, which includes species that are listed as endangered or threatened.  In addition, the U.S. Endangered Species Act requires federal agencies, including EPA, to consult with FWS and NMFS when a federal action may affect a listed species or its habitat.  Over the last decade, questions have been raised regarding the best approaches or methods for determining the risks pesticides pose to listed species and their habitats.  EPA, FWS, and NMFS have developed different approaches to evaluating environmental risks because their legal mandates, responsibilities, institutional cultures, and expertise vary.  As a result, the National Research Council was asked to examine the scientific and technical issues related to determining risks posed to listed species by pesticides.

DETAILS:

Advance copies of Assessing Risks to Endangered and Threatened Species from Pesticides will be available to reporters starting at 3 p.m. EDT Monday, April 29. The interim report is embargoed and not for public release before 11 a.m. EDT Tuesday, April 30.  To obtain an embargoed copy, contact the National Academies’ Office of News and Public Information; tel. 202-334-2138 or e-mail news@nas.edu.  More information about the ongoing project can be found at http://bit.ly/NY6TN7

Committee members

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Apr 242013
 

U.S. District Court Judge Joseph C. Spero dismissed an ESA citizen suit seeking to force consultation under the ESA “regarding the effects of 382 registered pesticides on endangered and threatened species” (Center for Biological Diversity v. EPA, 11-293-JCS, N.D. Cal.).

“Plaintiffs have not pled sufficient facts to show that the EPA was required to reinitiate consultation,” the judge ruled, finding that “FIFRA § 16″ — not the citizen suit provision of the ESA — “appears to confer jurisdiction in this case.” He gave the plaintiffs 30 days from the date of his April 22 decision to file an amended complaint.

They will have some work to do. In their amended complaint, they will have to “plead facts showing the specific affirmative acts or orders of the EPA that they allege with respect to each pesticide. They must also plead facts showing standing with respect to each pesticide. And finally, they must plead facts showing how this Court has jurisdiction under FIFRA § 16(a) for the affirmative actions alleged–or that the specific affirmative acts fall outside the ambit of FIFRA § 16.”

“This is a disappointing ruling for endangered species on Earth Day,” CBD’s Jeff Miller said in a press release. “But the court’s decision does not change the fact that the EPA’s pesticide registration program is completely broken and that the agency is not keeping toxic chemicals out of sensitive wildlife habitats.”

“For decades the EPA has registered pesticides without input from expert federal agencies to evaluate harmful impacts to wildlife,” CBD said. “Hundreds of scientific studies document harm to endangered wildlife from pesticides, and there is evidence of widespread contamination of groundwater, drinking water and wildlife habitats throughout the country.”

Excerpts:

Here, Plaintiffs seek a broad remedy–an injunction mandating the EPA to consult with the Services regarding the registration and oversight of 382 pesticides. However, if properly pleaded, each pesticide corresponds to an individual agency affirmative act which triggers the EPA’s duty to consult with the Services. If the EPA failed to consult with the Services regarding the effects of Pesticide X on the environment, and that failure-to-consult confers standing on a plaintiff to bring an ESA claim arising under Section 7, the plaintiff’s standing in connection with Pesticide X does not confer standing on the plaintiff to also bring a separate claim regarding Pesticide Y. (page 19)

The most relevant Ninth Circuit decision to the jurisdictional question at issue in this case is American Bird [Conservancy v. Federal Communications Commission, 545 F.3d 1190 (9th Cir. 2008)], a case decided after Washington Toxics [Coalition v. Environmental Protection Agency, 413 F.3d 1024, 1033 (9th Cir. 2005)]. In American Bird, environmental organizations challenged the decision by the Federal Communications Commission to issue licenses for seven communications towers before consulting with the Services as required under ESA § 7. American Bird, 545 F.3d at 1192. Although the complaint only contained an ESA claim against the FCC for its failure to consult, the FCC argued that the plaintiff’s “core objections” were to the FCC’s order issuing the tower licenses, and therefore, the district court lacked jurisdiction because the Communications Act limits jurisdiction over appeals of FCC orders exclusively to the court of appeals.7 Id. at 1193. Although the plaintiffs “disclaimed any intent to challenge the tower registrations themselves,” the court looked beyond the allegations of the complaint and considered the nature of the lawsuit and the relief sought. Id. The Ninth Circuit agreed with the FCC that the district court lacked jurisdiction: American Bird does not object to the agency’s failure to consult in the abstract; rather, it identifies seven discrete tower registrations that it alleges were not supported by adequate environmental investigation. The tower registrations are therefore inextricably intertwined with the FCC’s obligation to consult with the Secretary. (page 23)

The Court finds that American Bird controls the jurisdictional question in this case. Although Plaintiffs only challenge the EPA’s failure to consult under ESA § 7, Plaintiffs’ “core objections” are to the pesticide registrations themselves, which are governed under FIFRA’s administrative framework. American Bird, 545 F.3d at 1193. Like in American Bird, this Court is
presented with two conflicting jurisdictional statutes–FIFRA § 16 and the ESA’s citizen suit provision. While ESA’s citizen suit provision provides for jurisdiction in district court, FIFRA § 16 establishes a comprehensive framework for all appeals over the EPA’s actions with regard to pesticide registrations. (page 26)

In sum, the provision of FIFRA § 16 appears to confer jurisdiction in this case. As described above, in their amended complaint, Plaintiffs must plead facts showing the specific affirmative acts or orders of the EPA that they allege with respect to each pesticide. They must also plead facts showing standing with respect to each pesticide. And finally, they must plead
facts showing how this Court has jurisdiction under FIFRA § 16(a) for the affirmative actions alleged–or that the specific affirmative acts fall outside the ambit of FIFRA § 16.

Apr 242013
 

The D.C. Circuit reversed and remanded a lower court decision that had scolded EPA for revoking a Clean Water Act permit that already had been approved by the U.S. Army Corps of Engineers (Mingo Logan Coal Co. v. U.S. EPA, 12-5150, 4/23/13).

Wrong, the appeals court said.

“[W]e reverse the district court insofar as it held that EPA lacks statutory authority under CWA section 404(c) to withdraw a disposal site specification post-permit. Because the district court did not address the merits of Mingo Logan’s APA challenge to the Final Determination and resolution of the issue is not clear on the present record, we follow our ususal practice and remand the issue to the district court to address in the first instance.

“Section 404 imposes no temporal limit on the [EPA] Administrator’s authority to withdraw the Corps’s specification but instead expressly empowers him to prohibit, restrict or withdraw the specification ‘whenever’ he makes a determination that the statutory ‘unacceptable adverse effect’ will result,” the court said, citing 33 U.S.C. § 1344(c) and adding the italics for emphasis.

“Using the expansive conjunction ‘whenever,’ the Congress made plain its intent to grant the Administrator authority to prohibit/deny/restrict/withdraw a specification at any time,” the appeals court said.

Background from the court op:

The Corps—acting on behalf of the Secretary of the Army and without objection from the Administrator of [EPA], who has “veto” authority over discharge site selection under CWA subsection 404(c), 33 U.S.C. § 1344(c)—issued the permit to Mingo Logan, approving the requested disposal sites for the discharged material. Four years later, EPA invoked its subsection 404(c)authority to “withdraw” the specifications of two of the streams as disposal sites, thereby prohibiting Mingo Logan from discharging into them.

The opinion was written by Circuit Judge Karen LeCraft Henderson, joined by fellow Circuit Judges Breet M. Kavanaugh and Griffith

In another opinion issued yesterday, the D.C. Circuit (with Henderson as the lead on the opinion) affirmed a lower court denial of intervention by the Utility Water Act Group in a case involving EPA effluent limitations (Defenders of Wildlife v. Jackson, 12-5122). Henderson was joined by Kavanaugh and Senior Circuit Judge David Sentelle.

 

 

Apr 192013
 

Catching up on the Fish and Wildlife Service:

The service’s main page features the following news releases:

  • FWS is investigating the shooting of an Asian elephant traveling with Ringling Brothers and Barnum and Bailey Circus in Tupelo, Miss. “The incident occurred in the early morning of April 9, 2013, outside the Bancorp South Arena,” the service said. “Ringling Bros. veterinary and handling experts have examined the female elephant, Carol, and found a dime-size point of entry on the elephant’s shoulder. The elephant is active, mobile and comfortable and is being treated with medication. Carol will recuperate off the touring unit under veterinary care.”

    Carol, the elephant that was shot, will recuperate in Springfield, Mo. (Photo by Brandon Dill, Associated Press)

“A reward of $26,250 is being offered for information that leads to the arrest and conviction of the person or persons responsible for the shooting of this endangered species,” the news release continues.

“Feld Entertainment Inc., producer of Ringling Bros. and Barnum & Bailey Circus is contributing $10,000 to the reward fund.  George Carden Circus International is contributing $10,000, [FWS] is contributing $5,000, Crimestoppers of Northeast Mississippi is contributing $1,000, and former 1st Congressional District Representative Travis Childers is contributing $250.”

 

 

Apr 172013
 

The American Bird Conservancy is touting a study that concludes feral cats are killing endangered Hawaiian petrels.

The proof is in the pictures, ABC said. For the first time, videos were taken showing cats preying on petrels. In one, a feral cat “wait[ed] near the entrance of a burrow for over one hour.  When the petrel chick emerged, the cat quickly grabbed it. The remains of the chick were found 10 meters from the burrow.”

“This work represents the first videographic evidence of ‘Ua‘u depredation by feral cats in Hawai‘i, although cats have long been implicated as an important predator of ‘Ua‘u (Hu et al. 2001),” the authors said, using the native name for the petrel. “Other videographic evidence for endangered species depredation by feral cat exists for the endangered Palila.”

I wonder what’s in here (FWS photo)

Editor’s note: I’m trying to get some of the video and will post it when I do. Update 4/19/13: Co-author Steve Hess, wildlife biologist at USGS’s Pacific Island Ecosystems Research Center — and author of By Land and By Sea: The Widespread Threat of Feral Cats on Hawaiian Wildlife — says “the video probably won’t be released for a while.  It was obtained by multiple agencies, so all will have to be involved with its release.”

Chris Mooney has an interesting piece on MotherJones.com (“How Science Can Predict Where You Stand on Keystone XL”) examining the rift between centrists and “lefties” (my shorthand) over the Keystone pipeline. The “science” in the headline is not climate science but the social science Mooney uses to unravel the question of how individuals view Keystone (for or against)….

The Colorado River is the nation’s most endangered, American Rivers says in its annual ranking. Rounding out the list are the following rivers: Flint, San Saba, Little Plover, Catawba, Boundary Waters, Black Warrior, Rough and Ready and Baldface creeks, Kootenai, Niobrara, and a special mention for the Merced River.

Here are the last 10 waterways ranked “most endangered” by AmRivers:

Courts:

A federal judge in Washington, D.C., has rejected a challenge by Ouachita Riverkeeper and Save the Ouachita to the Army Corps of Engineers’ authorization under two nationwide permits of a wastewater pipeline in southern Arkansas (Ouachita Riverkeeper v. Bostick, 12-803 CKK, D.D.C., 4/10/13). U.S. District Judge Colleen Kollar-Kotelly said the plaintiffs failed to show the Corps improperly interpreted its own regulations:

[T]he Plaintiffs’ motion raises two objections to the Corps’ interpretation that converting forested wetlands to emergent vegetation or scrub/shrub wetlands do not constitute “permanent adverse effects”: (1) this distinction “is not part of the record of the Corps’ underlying decision”; and (2) this interpretation “is inconsistent with the plain language of the regulations that applied [in 2010].” Pls.’ Reply at 7. The record demonstrates otherwise. The distinction between loss of function and loss of waters is contained in the very definition of “loss of waters” set forth in the 2007 Reissuance of Nationwide Permits, which the Plaintiffs do not challenge.

Riverkeeper’s page describing threats to the river, including El Dorado pipeline

See www.eswr.com’s home page for more news

Mar 262013
 

Link to the full document

The Obama Administration today released its National Fish, Wildlife and Plants Climate Adaptation Strategy, which the service said “provides a roadmap of key steps needed over the next five years to reduce the current and expected impacts of climate change on our natural resources, which include: changing species distributions and migration patterns, the spread of wildlife diseases and invasive species, the inundation of coastal habitats with rising sea levels, changing productivity of our coastal oceans, and changes in freshwater availability.”

The report “was produced by an intergovernmental working group of federal, state, and tribal agency representatives,” according to the report, which listed officials from FWS, NOAA and the Association of Fish and Wildlife Agencies as contacts.

Press releases, coverage

Mar 232013
 

Update, 3/25/13: The media are starting to take note of Williams’ suspension. See the article and the list of links below for more coverage of this story.

Veteran conservation journalist Ted Williams, who for years has penned the Incite column for Audubon magazine, has been suspended and had his name removed from the publication’s masthead, after he wrote a column on controlling feral cats for the Orlando Sentinel.

Williams was punished for an online opinion piece that restated his previously published conclusion that feral cats decimate wildlife populations, including endangered species. But he also included a paragraph near the end that spelled the end, at least temporarily, of Williams’ tenure with Audubon magazine (scroll down for Audubon’s statement):

There are two effective, humane alternatives to the cat hell of [Trap, Neuter, Return (TNR)]. One is Tylenol — a completely selective feral-cat poison. But the TNR lobby has blocked its registration for this use. The other is trap and euthanize. TE is practiced by state and federal wildlife managers; but municipal TE needs to happen if the annihilation of native wildlife is to be significantly slowed.

The column, but primarily that paragraph, resulted in a campaign by Alley Cat Allies to get Audubon to dismiss Williams.

Ted Williams, in a shot from the Trout Unlimited blog

The group, “the only national advocacy organization dedicated to the protection and humane treatment of cats,” said Williams had “recommend[ed] that feral cats should be poisoned with Tylenol.”

“Ted Williams’ Sentinel column is full of hate and devoid of facts, but far worse, it represents the latest in a string of outrageous attacks and encouragement of cruelty aimed at cats. Williams should be fired for these blatantly irresponsible comments,” said Becky Robinson, president and co-founder of Alley Cat Allies.

Williams’ column cited the recent Smithsonian/USFWS paper, whose authors estimated that each year, free-ranging domestic cats kill between 1.4 and 3.7 billion birds, and between 6.9 and 20.7 billion mammals. (Full text of study, published in Nature)

“Un-owned cats, as opposed to owned pets, cause the majority of this mortality,” the study says. “Our findings suggest that free-ranging cats cause substantially greater wildlife mortality than previously thought and are likely the single greatest source of anthropogenic mortality for US birds and mammals. Scientifically sound conservation and policy intervention is needed to reduce this impact.”

The Sentinel removed the first two sentences of the offending paragraph, which mentioned the over-the-counter medication and the fact it had not been registered for use on cats. In addition, its Audience Engagement Editor wrote an apologetic column, and Williams wrote an addendum, in which he did not back down from his opinion but said he should not have appeared to advocate that people take the law into their own hands. Here’s the full addendum:

In my recent op-ed I reported that a common over-the-counter drug, an effective and selective poison for feral cats, had not been registered for this use because of pressure from feral-cat advocacy groups. While the statement was not inaccurate, it was unwise because readers might construe it as a suggestion to go out and start poisoning feral cats. What’s more, the statement could be, indeed was, manipulated by feral-cat advocates into something I didn’t write or intend. I should have used the generic, lesser-known name. Further, I should have explained that this feral-cat poison, if registered, would be applied only by the state and federal wildlife managers who are widely, legally and lethally (but not effectively) controlling feral cats with rifle, shotgun and trap. I urge people not to take the law into their own hands. They should leave it to professionals. Finally I should have explained, as was later explained by the Sentinel, that “editor-at-large” of Audubon magazine was a freelance, not salaried, title. I regret this slovenliness.

Alley Cat Allies proclaimed itself satisfied with the magazine’s action after the announced suspension.

Becky Robinson, president, co-founder, Alley Cat Allies

So far, the suspension of a man considered by many to be the best conservation journalist in the country has received scant media attention. A writer for Outdoor News, however, decried what he called a “spineless” decision by Audubon magazine, and the website 10,000 Birds also criticized the decision as “sad, stupid and short-sighted.”

“When one of the leading organizations for bird conservation in the United States caves to the pressure of the crazy cat people, that is just disgusting,” wrote Corey Finger. “Feral cats kill birds by the billions in the United States and the only real solution to the problem is removal and euthanasia, along with heavy fines for those caught dumping cats.”

“Ted Williams is one of the few reasons I read Audubon Magazine. I see very little reason to continue doing so if his writing no longer appears there.”

Williams released his own statement, which expressed disappointment with Audubon but recognized that it is within its rights to take the action it did.

The Audubon Facebook post pretty much tells it all. As you’ll recall, it reads in part: “Audubon magazine today suspended its contract with Mr. Williams and will remove him as ‘Editor at Large’ from the masthead pending further review.”

Not much I can add except to point out that I undertook the op-ed for the Orlando Sentinel at Audubon’s suggestion and for no pay because its Florida staff was too busy to respond to an op-ed touting trap, neuter and release of feral cats. I was trying to help, but obviously failed.

The feral-cat community seized upon a reference I’d made to Tylenol, a selective poison unregistered for feral cat control. The sentences, quickly struck by the Orlando Sentinel on the online version (there was no print version) because of comments from feral-cat support groups, read as follows: “There are two effective, humane alternatives to the cat hell of TNR. One is Tylenol (the human pain medication) — a completely selective feral-cat poison. But the TNR lobby has blocked its registration for this use.”

Lethal control of feral cats is widely and legally undertaken by state and federal wildlife managers to protect imperiled birds and mammals. But because poisons like Tylenol are not registered, control is largely ineffective. Cats have to be trapped, and they quickly learn to avoid traps. This, as the recently released Smithsonian Conservation Biology Institute study revealed, is why each year in the U.S. somewhere between 1.4 billion and 3.7 billion birds and between 6.9 billion and 20.7 billion wild mammals are killed by feral and free-ranging cats. I think that’s too bad.

 At any rate, a group called Alley Cat Allies fired off a release to its members and other feral-cat support groups urging that they write Audubon demanding my immediate dismissal because I had “published a major newspaper editorial calling on the public to kill millions of cats by poisoning them with Tylenol.” This untruth went Ebola viral, and Audubon received thousands of emails from feral-cat advocates demanding that I be fired. The result is the Audubon Facebook post you have seen.

While I am of course disappointed in Audubon’s response, I recognize that I’m a seller of copy and Audubon is a buyer and that it has a perfect right to do business or not do business with anyone it pleases.

Before penning the statement, Williams had engaged with furious commenters on the Sentinel’s web site, labeling Alley Cat Allies and its supporters the “feral cat mafia.” He also said they should search online for a previous Incite column he wrote, “Felines Fatales.” (See screenshots of his comments here.)
The suspension was met with delight by off-road vehicle enthusiasts in North Carolina, who have been the target of Williams’ written barbs over the years for the impacts of ORVs on migratory birds.

“Whether you support trap-neuter-release programs or not, you have got to hand it to the cat lovers for getting the job done with the unpleasant Ted Williams,” wrote Irene Nolan in her “editor’s blog” for the Island Free Press, which covers Hatteras and Ocracoke islands.

“Even without Audubon magazine, he surely will continue his unfounded and often inaccurate attacks against the use of ORVs at the seashore,” she added. “But at least he’s been knocked down a notch.”

More coverage

Full statement from Audubon

The National Audubon Society is unequivocal on the important issue of cat and bird safety: We reject the idea of people taking matters into their own hands in ways that can harm neighbors’ pets – or any cats.

Audubon strongly believes that cats belong indoors. That’s safer for them and for the birds. Feral and free-roaming cats are subject to injury, disease, and predation. We urge communities around the country to adopt effective measures to counter problems suffered and caused by cats and to vigorously enforce existing rules and procedures.

Ted Williams is a freelance writer who published a personal opinion piece in the Orlando Sentinel. We regret any misimpression that Mr. Williams was speaking for us in any way: He wasn’t. Audubon magazine today suspended its contract with Mr. Williams and will remove him as “Editor at Large” from the masthead pending further review.

Mr. Williams is not an Audubon employee. He is a freelance writer and a conservationist who has written for Audubon for 33 years. He writes for numerous publications.

We fully understand the gravity of the issue of the threats cats present to birds. Cats – particularly feral cats – are a leading cause of bird deaths. National Audubon Society has long supported a “Cats Indoors” campaign urging pet owners to keep their cats indoors for the safety of both their pets and birds. Audubon has guidelines on how to keep both birds and cats safe at www.audubon.org

We’ve had this guidance on our web site for years and we think it’s good, common sense.

A recent report by Smithsonian scientists and the U.S. Fish and Wildlife Service found that cats kill an estimated 2.4 billion birds each year, underscoring the need for effective solutions to protect wild birds and cats alike.

But backyard poisoning isn’t the answer and we want to make it absolutely clear we don’t support that idea.

More information about Audubon’s work to create healthy habitat for birds and pets is available on our website.