Secrecy, Speculation, and Contradiction (cont'd)

Marita Noon

Due to the Kintigh investigation, it has been discovered that at least two of the “independent” reviewers have conflicts of interest: Dr. Lauren Chan and Dr. Howard Snell—they wrote the foundational studies for the proposal. Is it likely that someone who wrote the study could review the rule and question the accuracy of his or her own work? We can assume that the complimentary reviews were from Chan and Snell. The unattributed peer reviews of the ESA listing proposal provided online have devastating criticisms from Texas A & M University, questioning the sampling process and finding many unwarranted conclusions. However, nowhere are these criticisms addressed.
In researching the process, it was discovered that for ESA, the U.S. Fish and Wildlife Service (FWS) doesn’t go through what the science community would call “peer review.” They have an “internal peer review”—FWS checks over FWS’s own work. The agency does not disclose the identity of the report writer or the “peer reviewers.”
We, as citizens, also do not know who wrote the proposed rule—though investigation indicates that it was written by FWS staffer Debra Hill—meaning she has no accountability. Additionally, her husband is the author of some of the research—which brings into question her ability to be independent.

Dennis Kintigh

Whoever wrote the proposed rule clearly wanted the lizard listed as the document is filled with contradiction and speculation—but it was issued anyway. In the proposed listing it states: “We do not know the magnitude or imminence of the direct or indirect impacts of competition and climate change on the status of the species at this time. However, we consider exposure to oil and gas pollutants to be a threat to the species throughout its range, both now and continuing into the foreseeable future.” Wait, you, the unknown author, are willing to destroy the regional economy based on “we do not know” and “we consider”? In other cases, the word “likely” is used to describe a population reduction. Elsewhere it is stated that the species is “persisting.” “Could,” “can,” “we believe”…

One example of the contradictions within the listing rule is in reference to the pipelines found in the habitat area and utilized in oil and gas activities. The concluding comments of the pipeline section say that pipelines are a “significant threat,” but earlier it states: “It is not known how dunes sagebrush lizards utilize pipelines.” Additionally, one of the studies the rule is based on indicates that the lizards like pipelines and service roads: “…pipeline cuts and sand roads serve as preferred habitat…”
The report being released on Monday has these comments in the closing: “The committee was surprised by the contradictions the data presented. There is a clear lack of an unequivocal sense about the actual range of the species and habitats preferred. There is surprising information that anthropogenic activities may well enhance habitat preferred by the species. Other examples of inadequate reporting or outright error can be found in the body of the committee report.”

How would you feel if your family lost the farm because the needed water was diverted to save the smelt, or your livelihood was taken away because of the spotted owl, and you discovered that, like the dunes sagebrush lizard, the ESA listing was based on secrecy, speculation, and contradiction? It is imperative that the process be brought out into the open.

As the climategate scandal exposed the secrecy, speculation, and contradiction in the manmade climate change research that precluded opposing viewpoints from being considered, the Kintigh investigation should change the entire ESA process from now on.

In short, the proposed rule plays on fear, uncertainty, and doubt and fails to scientifically show that the lizard is endangered or is negatively impacted by human activity.

Marita Noon is Executive Director of Energy Makes America Great.