Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 1 of 37
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`Lauren M. Rule (OSB # 015174), pro hac vice
`ADVOCATES FOR THE WEST
`3987 N. Mississippi Ave.
`Portland, OR 97227
`(503) 914-6388
`lrule@advocateswest.org
`
`Erik B. Ryberg (AZB # 023809)
`Attorney at Law
`P.O. Box 2013
`Tucson, AZ 85702
`(520) 784-8665
`ryberg@seanet.com
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`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF ARIZONA
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`WESTERN WATERSHEDS PROJECT
`and SIERRA CLUB,
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`Plaintiffs,
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`vs.
`BUREAU OF LAND MANAGEMENT,
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`Defendant.
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`Case No.:
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`COMPLAINT
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`(Declaratory and Injunctive Relief)
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`INTRODUCTION
`Plaintiffs Western Watersheds Project and Grand Canyon Chapter of the
`1.
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`Sierra Club (hereafter “WWP”) challenge the environmental analysis completed by
`Defendant Bureau of Land Management (“BLM”) for the agency’s new Resource
`Management Plan (“RMP”) for the Sonoran Desert National Monument. BLM issued a
`Final Environmental Impact Statement and Record of Decision for the Sonoran Desert
`National Monument RMP in September 2012, more than eleven years after President
`Clinton established the Monument and directed BLM to complete a new plan for its
`management. Plaintiffs now challenge the aspect of BLM’s analysis that pertains to
`livestock grazing on the Monument.
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`COMPLAINT - 1
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 2 of 37
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`The Sonoran Desert is the most biologically diverse desert in North
`2.
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`America. President Clinton established the 496,337 acre Sonoran Desert National
`Monument in January 2001 to protect the biodiversity of plants and animals and their
`habitats, as well as the numerous historic sites, found in this desert setting. According to
`the proclamation that established the monument, this newly protected area in the heart of
`Arizona has “an extraordinary array of biological, scientific, and historic resources” that
`provide for a “spectacular diversity of plant and animal species,” including imperiled
`species such desert bighorn sheep, Sonoran pronghorn, Sonoran desert tortoise, and many
`other birds, reptiles, and plants.
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`3.
`Recognizing the harmful impacts that livestock grazing was having on this
`ecosystem, the proclamation closed all grazing allotments in the southern portion of the
`monument, and allowed grazing to continue on the northern portion of the monument
`only if BLM determined that grazing is compatible with the “paramount purpose of
`protecting the objects identified in this proclamation.” It also required BLM to prepare a
`management plan that addresses the actions “necessary to protect the objects identified in
`the proclamation.”
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`4.
`Shortly after designation of the Monument, BLM contracted with scientists
`to study the impacts of livestock grazing on the Monument’s ecological communities.
`These multi-year studies resulted in several reports that came out in 2002-2006 finding
`that livestock were degrading soils, reducing plant diversity, increasing weeds and non-
`native plants, and damaging wildlife habitat on the monument. Yet, in 2012, BLM
`determined in the analysis for the Final Environmental Impact Statement (FEIS) that
`livestock grazing was compatible with protecting the objects identified in the
`proclamation on the majority of lands within the northern portion of the Monument and
`that therefore grazing could continue on those lands.
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`5.
`As discussed in more detail below, BLM’s livestock compatibility
`determination was based on a flawed, inadequate, and incomplete Land Health
`Evaluation and analysis and thus is arbitrary and capricious. Because the RMP Record of
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`COMPLAINT - 2
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 3 of 37
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`Decision relied on the compatibility determination to allow continued livestock grazing
`in the northern portion of the Monument, that aspect of the decision is unlawful and must
`be remanded to the agency to conduct a proper livestock compatibility determination.
`JURISDICTION AND VENUE
`6.
`Jurisdiction is proper in this Court under 28 U.S.C. § 1331 because this
`action arises under the laws of the United States, including the National Environmental
`Policy Act, 42 U.S.C. § 4321 et seq.; the Sonoran Desert National Monument
`Proclamation, Proclamation No. 7397, 66 Fed. Reg. 7354; the Administrative Procedure
`Act, 5 U.S.C. § 701 et seq.; the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.; and
`the Equal Access to Justice Act, 28 U.S.C. § 2214 et seq. An actual, justiciable
`controversy now exists between Plaintiffs and Defendant, and the requested relief is
`therefore proper under 28 U.S.C. §§ 2201-02 and 5 U.S.C. §§ 701-06.
`7.
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(e) because a
`substantial part of the events or omissions giving rise to the claims herein occurred within
`this judicial district and a substantial part of the public lands and resources at issue are
`located within this district.
`8.
`The Federal Government has waived sovereign immunity in this action
`pursuant to 5 U.S.C. § 702.
`
`PARTIES
`9.
`Plaintiff WESTERN WATERSHEDS PROJECT (“WWP”) is a regional,
`membership, not-for-profit conservation organization, dedicated to protecting and
`conserving the public lands and natural resources of watersheds in the American West.
`WWP has offices throughout the West, including in Tucson, Arizona, and more than
`1,300 members located throughout the United States. Through agency proceedings,
`public education, scientific studies, and legal advocacy conducted by its staff, members,
`volunteers, and supporters, WWP is actively engaged in protecting and improving plant
`and animal communities and other natural resources and ecological values of western
`watersheds. Since 2007, WWP has actively participated in management of livestock
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`COMPLAINT - 3
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 4 of 37
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`grazing on the Sonoran Desert National Monument through letters, comments, field trips,
`and oral communications to the BLM, expressing its concerns over livestock grazing on
`the monument. WWP provided extensive comments on the Draft RMP and Draft EIS and
`submitted a timely protest of the Proposed RMP and Final EIS.
`10.
`Plaintiff GRAND CANYON CHAPTER OF THE SIERRA CLUB is one
`of the oldest grassroots environmental organizations in the country. The Sierra Club’s
`mission is to explore, enjoy, and protect the wild places of the earth; to practice and
`promote the responsible use of the earth’s ecosystems and resources; and to educate and
`enlist humanity to protect and restore the quality of the natural and human
`environments. The Grand Canyon Chapter has long been committed to protection of
`Arizona’s lands, wildlife, water, and communities and has been significantly involved in
`activities related to the Sonoran Desert National Monument, including the management
`of livestock grazing. The Sierra Club has participated in the planning process for the
`Monument, including participating in public meetings, submitting comments on the Draft
`RMP and Draft EIS in 2011, and protest of the proposed RMP and Final EIS in July
`2012.
`
`11.
`Plaintiffs’ staff and members regularly use and enjoy the public lands,
`wildlife, and other natural resources on the Sonoran Desert National Monument for many
`health, recreational, scientific, spiritual, educational, aesthetic, and other purposes. WWP
`and Sierra Club staff and members pursue activities such as hiking, wildlife viewing,
`biological and botanical research, photography, and spiritual renewal on the Sonoran
`Desert National Monument. Livestock grazing that degrades this fragile ecosystem
`impairs the use and enjoyment of this monument by Plaintiffs’ staff and members.
`12.
`Plaintiffs’ staff, members, and supporters will continue to visit the Sonoran
`Desert National Monument in the future for many purposes such as hiking, wildlife
`viewing, photography, scientific study, spiritual renewal, and to otherwise enjoy the
`natural scenery and beauty of the Sonoran Desert. Plaintiffs, both organizationally and
`on behalf of their staff, members, and supporters, have an interest in the preservation and
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`COMPLAINT - 4
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 5 of 37
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`A.
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`protection of the Sonoran Desert National Monument, and are directly harmed by
`Defendant’s violations of law challenged herein.
`13.
`The above-described conservation, recreational, scientific, and aesthetic
`interests of Plaintiffs’ staff, members and supporters have been, are being, and, unless the
`relief prayed for is granted, will continue to be adversely affected and irreparably injured
`by Defendant’s violations of law. Plaintiffs have no adequate remedy at law, and thus the
`requested relief is appropriate.
`14.
` Defendant BUREAU OF LAND MANAGEMENT (“BLM”) is an agency
`or instrumentality of the United States, and is charged with managing the public lands
`and resources of the Sonoran Desert National Monument, in accordance and compliance
`with federal laws and regulations.
`FACTUAL BACKGROUND
`Sonoran Desert National Monument
`15.
`The Sonoran Desert is a hot, arid region that stretches between southwest
`Arizona, southeast California, and northern Mexico. The Sonoran Desert has remarkably
`high biological diversity for both plants and animals. This desert is well known for its
`“forests” of saguaro cactus, but is also home to other trees such as paloverde, desert
`ironwood, and mesquite, a variety of shrubs, and many species of ephemeral plants that
`arise after seasonal rains.
`16.
`These varied plant communities provide habitat for a plethora of wildlife.
`The Sonoran Desert has over 2000 native plant species in total, many of which are
`endemic to the Sonoran Desert, as well as 60 mammals, 350 birds, 20 amphibians, and
`more than 100 reptiles that inhabit the area. The Sonoran Desert is one of the richest and
`most exceptional birding areas in the United States.
`17. One of the defining characteristics of the upland Arizona portion of the
`Sonoran Desert is the bi-seasonal rainfall pattern, with winter rains coming from the
`Pacific and summer moisture coming from tropical monsoons. Years with good
`precipitation result in large populations of annual plants and wildflowers while other
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`COMPLAINT - 5
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 6 of 37
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`years result in drought and much less annual production. The mild winters rarely
`experience frost and thus almost half of the biota of this region is tropical in origin.
`18.
`Livestock grazing, off-road vehicle use, encroachment of agriculture and
`human development, climate change and the introduction of non-native species are the
`primary threats facing the Sonoran Desert ecosystem.
`19. Amidst this unique ecosystem, President Clinton established the Sonoran
`Desert National Monument in 2001 pursuant to his authority under the Antiquities Act.
`In Presidential Proclamation 7397, President Clinton set aside this area to protect its
`resources from development and degradation. The monument is located about 60 miles
`southwest of Phoenix, Arizona and encompasses 496,337 acres.
`20.
`The proclamation begins by noting that the monument is a “magnificent
`example of untrammeled Sonoran desert landscape.” This desert ecosystem has “an
`extraordinary array of biological, scientific, and historic resources. The most biologically
`diverse of the North American deserts, the monument consists of distinct mountain
`ranges separated by wide valleys, and includes large saguaro cactus forest communities
`that provide excellent habitat for a wide range of wildlife species.”
`21.
`The proclamation continues by discussing the “spectacular diversity of
`plant and animal species” here. The higher peaks on the monument contain unique
`woodland communities, while lower elevation lands “offer one of the most structurally
`complex examples of paloverde/mixed cacti association in the Sonoran Desert.” The
`proclamation highlights the saguaro cactus forests, stating that these forests, with their
`signature saguaro plants together with a wide variety of other trees, shrubs, and
`herbaceous plants, are “an impressive site to behold” and “a national treasure.”
`22.
`In discussing the lower elevation, flatter areas of the monument, the
`proclamation notes the creosote-bursage plant community, which thrives in open
`expanses between mountain ranges and acts as a connector to other plant communities.
`The monument also contains desert grasslands and ephemeral washes, which support
`denser vegetation such as mesquite, ironwood, paloverde, and desert willow trees, as well
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`COMPLAINT - 6
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 7 of 37
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`as a variety of herbaceous plants. This vegetation provides dense cover for bird species
`for nesting, foraging, and escape, and “birds heavily use the washes during migration.”
`23. Of particular relevance here, the proclamation remarks on the rich diversity,
`density, and distribution of plants in the Sand Tank Mountains area on the monument,
`which is due to the management regime in place in that particular area that has excluded
`livestock grazing there for more than fifty years.1 The proclamation stated that in order
`to extend the extraordinary diversity and overall ecological health of the Sand Tank
`Mountains area, adjacent monument lands with similar biological resources should be
`subject to similar management to the fullest extent possible.
`24. Wildlife diversity is also a focal point of the proclamation. “The diverse
`plant communities present in the monument support a wide variety of wildlife, including
`the endangered Sonoran pronghorn, a robust population of desert bighorn sheep,
`especially in the Maricopa Mountains area, and other mammalian species such as mule
`deer, javelina, mountain lion, gray fox, and bobcat.”
`25.
`The proclamation makes note of other mammals, birds, reptiles, and
`amphibians on the monument. It mentions several bat species found here, including the
`endangered lesser long-nosed bat. More than 200 species of birds are found on the
`monument as well as many raptors and owls. Reptiles such as the red-backed whiptail
`and the Sonoran desert tortoise inhabit the monument, and 25,000 acres of land in the
`Maricopa Mountains has been designated as critical habitat for the desert tortoise.
`Because of its declining numbers, the U.S. Fish and Wildlife Service has determined that
`the Sonoran desert tortoise is warranted for listing under the Endangered Species Act.
`26.
`In addition to the biological resources on the monument, the proclamation
`also stresses the importance of the “many significant archaeological and historic sites,
`including rock art sites, lithic quarries, and scattered artifacts.” The monument contains
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`1 This area was withdrawn for military purposes in 1941. Pursuant to the proclamation,
`the military withdrawal terminated on November 6, 2001 and BLM has assumed
`management responsibility.
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`COMPLAINT - 7
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 8 of 37
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`remains of prehistoric travel corridors and villages as well as remnants of several
`important historic trails, including the Juan Bautista de Anza National Historic Trail, the
`Mormon Battalion Trail, and the Butterfield Overland Stage Route.
`27.
`In light of these biologic and historic values, President Clinton used his
`authority under the Antiquities Act to create the Sonoran Desert National Monument “for
`the purpose of protecting the objects identified above.”
`28.
`To further this purpose, the proclamation prohibited motorized and
`mechanized vehicle use off roads and withdrew the land from any form of entry, sale,
`leasing, or other disposition, including for mining or mineral development.
`29.
`The proclamation also prohibited BLM from renewing grazing permits for
`all allotments within the monument south of Highway 8 at the end of their term; and
`stated that grazing north of Highway 8 “shall be allowed to continue only to the extent
`that the Bureau of Land Management determines that grazing is compatible with the
`paramount purpose of protecting the objects identified in this proclamation.”2
`30. According to the proclamation, the BLM was required to prepare a
`management plan that addresses the actions necessary to protect the objects identified in
`the proclamation. In light of the proclamation designating this area as a national
`monument, BLM no longer manages this area simply on a multiple use basis but instead
`must manage it primarily for the protection of the objects of interest identified in the
`proclamation.
`B.
`Livestock Grazing on the Monument
`31.
`The majority of the land now encompassed within the Sonoran Desert
`National Monument was grazed by livestock for many decades. The Sand Tank
`Mountains area, mentioned above, in the southwest corner of the monument is the only
`substantial area that has not been impacted by grazing over the past fifty years.
`32. As of February 28, 2009, the allotments south of Highway 8—Vekol, South
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`2 Highway 8 crosses the Monument from east to west. Slightly more than half of the
`Monument occurs north of the Highway.
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`COMPLAINT - 8
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`Case 2:13-cv-01028-SPL Document 1 Filed 05/20/13 Page 9 of 37
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`Vekol, Table Top, Santa Rosa and a portion of the Big Horn allotment—were
`permanently closed to livestock grazing pursuant to the proclamation. To the north of
`Highway 8 is the remainder of the Big Horn allotment, and the Lower Vekol, Conley,
`Hazen, Beloat, and Arnold allotments. These northern allotments were the subject of
`BLM’s livestock compatibility determination.
`33. Grazing permits for these allotments allow for two types of grazing:
`perennial and ephemeral. Perennial grazing authorization allows for a certain number of
`cattle to graze the allotment during a certain period of time each year for the ten-year
`term of the permit.
`34.
`Ephemeral grazing authorization allows for additional grazing on a
`seasonal basis when rainfall provides adequate forage. Depending on the seasonal forage
`production, BLM authorizes a certain number of cows to graze for a limited time in that
`season. On the monument, ephemeral grazing occurs primarily when winter rains trigger
`sufficient forage production, generally in the form of annual plants and wildflowers that
`carpet the desert floor.
`35. Of the remaining allotments on the monument, the Arnold allotment has
`only ephemeral grazing. The other five allotments north of Highway 8 have permits that
`authorize both perennial and ephemeral grazing. Each of the perennial permits has a
`yearlong season of use, meaning that the allotted number of cattle can use the allotment
`all year, and varies in number of cattle permitted from 101 cattle up to 350 cattle. Each
`permit also identifies the permitted animal unit months, or AUMs, allowed on an
`allotment. An AUM is the amount of forage needed to sustain a cow and calf pair for one
`month. The perennial permits for these five allotments range from 1164 to 4158 AUMs.
`36.
`The ephemeral grazing that occurs on the monument varies by year, with
`BLM often allowing hundreds, and in some cases thousands, of cattle to graze for several
`weeks or months under ephemeral permits. This type of permit authorizes grazing of
`AUMs in addition to the AUMs authorized by the perennial permits, sometimes by as
`much as several thousand additional AUMs.
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`37.
`It is well recognized that livestock grazing in the Sonoran Desert can have
`significant impacts on the natural and cultural resources there. Grazing use has resulted
`in compaction and erosion of soils, destruction of biological soil crusts, reduction in
`vegetation cover, loss of native plant diversity, increase in non-native plants, and altered
`plant community structure and composition. This damage to vegetation also degrades
`wildlife habitat.
`38. Compaction of soils by livestock inhibits water infiltration and increases
`surface water run-off, thereby increasing erosion of surface soil and decreasing the water
`available to vegetation. Depletion of vegetative cover by livestock and the resultant
`increase in bare ground also increases soil erosion. This loss of vegetation cover and soil
`has long-term impacts to soil and plant productivity and the hydrology of watersheds.
`39. Destruction of biological soil crusts also impairs ecological functions. Soil
`crusts are important assets to plant growth, enhancing plant uptake of nutrients and
`nitrogen, which is particularly important in nitrogen-limited desert ecosystems. These
`crusts provide favorable sites for germination of native plant seeds, and hinder
`germination of non-native seeds that prefer disturbed sites. Soil crusts also help prevent
`water and wind erosion. Recovery of soil crusts from disturbance can take years or even
`decades.
`40.
`Plant community structure on the Sonoran Desert National Monument
`generally consists of an understory of perennial and annual grasses and forbs3, a mid-
`story of shrubs, cacti, and small trees, and an overstory of somewhat larger trees as well
`as saguaro cacti. In the driest areas of the monument, trees, shrubs, and grasses are
`confined to drainages where supplemental water supports diverse plant communities.
`Because of the dry climate, overall plant productivity is low, particularly during periods
`of drought.
`41. Cattle usually prefer to eat grasses, but will also eat forbs and browse
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`3 Forbs are broad-leaved herbaceous plants other than grasses, sedges, or rushes, and
`include a variety of wildflowers.
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`shrubs and small trees if grasses are unavailable. Because of their forage preferences,
`cattle can alter the natural structure of communities by grazing the understory or mid-
`story more heavily, reducing the abundance of plants in the understory and favoring
`expansion of trees and shrubs. Where vegetation is reduced by grazing, the plant
`community may not recover unless grazing is discontinued because of the normally low
`productivity in the desert.
`42. Grazing significantly reduces native plant diversity, changing the
`composition of the plant community by eliminating plants that are sensitive to grazing
`and allowing only those plants more adapted to disturbance to grow. Likewise, grazing
`causes native species, especially native grasses, to be replaced with non-native invasive
`species because cattle prefer the native species, selecting them as forage and allowing
`invasive species to spread. These non-native species often increase the risk of wildfire.
`43.
`Livestock are particularly detrimental to saguaro cactus communities
`because cattle trample saguaro seedlings, and also graze understory plants and grasses
`that provide shade and structural protection for the seedlings and juvenile cacti. Because
`saguaros stay small for decades, they remain vulnerable to the threat of livestock grazing
`for many years before outgrowing the direct threat posed by cattle trampling. Saguaros
`growing in the shelter of leguminous trees (known as “nurse plants”) are especially at risk
`because these same trees are the only source of shade for livestock in the hot desert and
`thus attract heavy use by livestock.
`44.
`The consumption and trampling of vegetation by livestock reduces forage
`and cover for many wildlife species, including birds, small mammals, insects, and other
`native herbivores like deer and pronghorn. Many animals in the Sonoran Desert are
`highly dependent on seasonal pulses of plant productivity that occur in response to rain
`events. Ephemeral grazing that occurs during those same periods is particularly
`detrimental to the survival and reproduction of those species. Many wildlife species also
`heavily rely upon desert washes for protection and food, and livestock often congregate
`there, removing forage and eliminating protective cover for wildlife.
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`45. Grazing structures such as water developments and fences can directly and
`indirectly harm wildlife. Water developments that remove water from washes impact
`downgradient xeroriparian vegetation, which is important to native wildlife for food and
`cover. These developments also create “hot spots” of extreme degradation of vegetation
`and soil, as well as high levels of non-native plants, because of the concentrated presence
`of livestock at these sites. Fences also fragment habitat, limit movement of large
`mammals, and entangle and ensnare untold numbers of wildlife each year.
`46. Many of the species directly named in the Sonoran Desert National
`Monument proclamation are impacted by livestock grazing, such as Sonoran desert
`tortoise and desert bighorn sheep. For instance, cattle eliminate nutritionally important
`forage for desert tortoise adults and hatchlings, which depend heavily on availability of
`plants after seasonal rainfall events. Thus, ephemeral grazing is particularly detrimental
`to the tortoise. Cattle can also trample and crush individual tortoises or their burrows.
`Livestock operations affect desert bighorns by removing forage, impairing bighorn
`movements with fences, and excluding bighorns from suitable habitat, movement
`corridors, or water sources because bighorns tend to avoid cattle.
`47.
`Finally, cattle damage cultural and historical sites by trampling artifacts and
`other features on the soil surface. They also induce changes in plants and soils that lead
`to erosion and gullying which can displace or bury archaeological sites.
`C.
`Pacific Biodiversity Institute and Nature Conservancy Research
`48. Not long after the Sonoran Desert National Monument was established,
`BLM entered into contracts with The Nature Conservancy and the Pacific Biodiversity
`Institute to study the ecological condition of and livestock grazing impacts to the
`monument. Several reports were issued as a result of these contracts.
`49.
`The Pacific Biodiversity Institute studies assessed the natural communities
`and ecological condition of the Sonoran Desert National Monument and adjacent areas.
`Fieldwork for these studies occurred from 2002 to 2006 and several reports were
`completed, which included maps of the various natural communities on the monument as
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`well as assessments of the ecological condition of each community and the stressors that
`affected each community. To do this, Pacific Biodiversity Institute conducted sampling
`on 320 plots. Livestock grazing impacts were quantified at some of these plots as well.
`50.
`The results of these studies indicated that the communities most impacted
`by livestock grazing had the most disturbance in the form of low vegetation cover, low
`native species diversity, high levels of non-native species—especially in herb and grass
`cover, and soil erosion and compaction. These communities were at the lower elevations
`of the monument and consisted of creosote-bursage desert scrub, paloverde-mixed cacti-
`mixed scrub on bajadas, mesquite woodlands, valley xeroriparian areas, and braided
`channel floodplains.
`51.
`The creosote-bursage desert scrub community, one of the primary
`communities on the monument, is where most of the livestock grazing occurs and
`likewise is one of the most disturbed communities. As noted by the report, “[t]he
`influence (stresses) of livestock extends throughout most of the community, as few of the
`regions we visited within the study area are without some indication of livestock
`influence.”
`52.
`In contrast, the communities least accessible to livestock, such as the higher
`elevations of paloverde-mixed cacti-mixed scrub on rocky slopes, mountain uplands, and
`rocky outcrops, had the least disturbance, with few exotic species, high diversity of native
`plants, and little soil disturbance. However, in 2005 and 2006, signs of livestock use
`were seen in these higher elevation areas, indicating an increasing risk of livestock
`impacts to these less accessible areas. Surveyors speculated that this new use was due to
`the extreme drought and decreased availability of forage in the lower elevations.
`53.
`The native grasslands also showed a contrast between grazed and ungrazed
`areas, with the grazed grasslands on the monument showing significant disturbance and
`poor conditions while ungrazed grasslands on adjacent property were in much better
`condition and had much higher levels of native grasses. In looking specifically at grazed
`valley riparian areas, the study noted that these areas had a high abundance of exotic
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`grasses and very low abundance of native grasses, and that the native grass cover was
`being reduced by livestock activity.
`54.
`The reports also documented that within communities most affected by
`grazing, the areas around livestock congregation areas, such as water sources and other
`range developments, had the most severe degradation, with highly altered vegetation
`composition and structure and altered soil surfaces.
`55.
`The reports considered PBI data in context of BLM’s Standards and
`Guidelines for Rangeland Management and concluded that most of PBI’s sample plots
`would fail to meet BLM’s criteria for rangeland health.
`56. A separate report issued by The Nature Conservancy in February 2005
`assessed existing scientific research on impacts of livestock grazing in the Sonoran desert
`and its implications for grazing management on the monument. This report considered
`the prior Pacific Biodiversity Institute studies on the monument as well as dozens of other
`studies of livestock grazing systems and impacts conducted in desert ecosystems.
`57. Based on the synthesis of all existing research, the February 2005 report
`described livestock grazing impacts to plants, soils, wildlife, and cultural resources in the
`Sonoran desert. It then assessed current grazing management strategies used by BLM
`and other land managers.
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`The report stated that:
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`The un