New year and new developments for the Point Reyes National Seashore (Seashore) to report…
In December, the Seashore released the tule elk population counts for the Tomales Point Tule Elk Reserve with a final 2021 count of 221 elk. This is a decrease from the 2020 count of 293 elk. In the same press release, the Seashore also announced that they will undertake a new management plan for Tomales Point to begin by March 31, 2022. This announcement complicates the June 2021 lawsuit filed by the Harvard Law School’s Animal Law and Policy Clinic for the Seashore to enact plans to ensure the elk in the Reserve have access to food and water. Last week, the United States attorney office responded to the lawsuit, arguing that the lawsuit’s connection to the 2021 General Management Plan Amendment (GMPA) was wrong, and that the grievance is directly related to the 1998 Elk Plan, which is being addressed by the Seashore in the coming months.
In January, a new lawsuit was filed by Resources Renewal Institute, Center for Biological Diversity, and Western Watersheds seeking for the GMPA and Record of Decision to be reversed, set aside, and vacated. The complaint seeks relief in three areas:
1) Violation of Point Reyes Act and Administrative Procedures Act as the GMPA is inconsistent: prioritized protection of historic dairy districts above protection of the natural environment and recreational uses; prioritized private and commercial needs above public recreation, benefit, and inspiration (the overarching purposes of the Act); and determined that ranching remains an appropriate use of the Seashore based on an erroneous interpretation of the Point Reyes Act.
2) Violation of Organic Act and Regulations that require the National Park Service (NPS) to regulate use of the Seashore and Golden Gate National Recreation Area for public enjoyment of scenery, natural and historic objects, wildlife, and to leave such resources unimpaired for the enjoyment of future generations – prohibiting uses that cause unacceptable impacts. Arguing that livestock grazing is appropriate when the use is not detrimental to the primary purpose for which the park was created and citing the NPS management policies that commercial grazing will be phased out whenever possible. Additionally, the permits issued for grazing must be consistent with other federal laws and management policies and to avoid conflicts among visitor activities. The complaint cites several references to the Final Environmental Impact Statement (EIS) studies, analysis, elk population thresholds, livestock grazing benefits, and decisions to determine ranching is the best way to protect the historic districts.
3) Violation of National Environmental Policy Act (NEPA) for failing to meet the goals to provide the public with environmental information before decisions and actions are taken, help public officials understand environmental consequences, and to protect, restore, and enhance the environment in the decision-making. They argue NPS failed to take a hard look at the impacts of allowing and expanding (through diversification) ranching activities, failed to provide complete baseline information about existing operations, residential uses, water quality and quantity, native plants, sensitive vegetation areas, other resources, tule elk, other wildlife, cultural resources, public safety, and public health.
The Seashore has some deadlines to report to state agencies on water quality planning, climate change plans, and the upcoming expiration of interim leases for the current ranching and dairy operations in July 2022.
EAC will continue to engage with the Seashore staff on the areas that are outside the scope of the legal challenges advocating for water quality protections, enforcement of current lease obligations, and other long-term planning items.
We will continue to follow these two lawsuits and keep our community updated as the items progress.
