By Caleigh Wells for KCRW.
Broadcast version by Suzanne Potter for California News Service reporting for the KCRW-Public News Service Collaboration

The California Fish and Game Commission delayed the decision again today over whether to grant state protection to the western Joshua tree.

The petition to protect the plant under the California Endangered Species Act (CESA) was submitted in 2019. If it is listed, it would be the first species to earn protection in the state because of climate change.

But the process has been contentious. And even when the decision is made, the fate of the plant is far from sealed.

How to save a tree

A member of the public must make a case to the California Fish and Game Commission that a species needs protection. In this case, the case is over the western Joshua tree, which primarily grows in California.

Their champion is Brendan Cummings. As conservation director for the Center for Biological DiversityCenter for Biological Diversity, he's litigated plenty of endangered species cases. "Fifteen or so years ago, I did the ... litigation that forced the Bush administration to protect the polar bear under the Federal Endangered Species Act."

But this species is personal. He's got dozens of them in his backyard in the town of Joshua Tree. "If you look around us here, the adult Joshua trees we're seeing were recruited into the population under a climate that no longer exists," he says.

But the case he's making isn't easy. Millions of these trees are still spanning thousands of square miles. Listing a species means businesses and residents must either avoid killing it if possible, or move it, or pay a fee if it must be killed. With so many trees left, that could be burdensome.

Kelly Herbinson says it's worth the trouble. She's the co-executive director of the Mojave Desert Land Trust, whose whole mission is to set aside acres of desert habitat for preservation.

"What we're seeing right now is unprecedented. This is serious. And I don't know that that's always obvious if you're not doing this every day and working on the land every day," she says.

At lower elevations, the western Joshua tree is facing the effects of the worst drought in more than a thousand years. "If you were to go to, say, the West Mojave, or even areas nearby where the drought has been really bad, I mean, they're mostly brown," she says.

In its middle elevations, the Joshua tree has been separated into small island habitats by decades of development as the human population in the desert continues to grow. That cuts off genetic flow between populations and creates problems like what LA's mountain lions are facing.

And then of course, at its middle and higher elevations, the Joshua tree is facing a threat it rarely encountered before: increased wildfire.

On a protected parcel of land across the street from where Herbinson works, a stray cigarette in 2020 burned most of the Joshua trees on a quarter of the 600 acres that the Mojave Desert Land Trust saved from becoming a housing development.

"That is not something that happened historically," she says. "There's this massive overgrowth of invasive plant species that are blanketing the desert and creating this massive fuel load. And then it dries out because we're in a drought. And then you just have this carpet of dried up plants that are ripe to burn."

There's also the problem of the tree's lifelong partner: the yucca moth. They're completely reliant on each other to survive.

The moth lives underground at the base of its tree for years, waiting for it to flower, and in the spring when it finally does, it emerges and pollinates the tree in exchange for food and a safe place to produce larvae.

But as the climate changes, scientists have found that the moths aren't reproducing like they used to.

The California Department of Fish and Wildlife spent months studying the trees. Their job is to provide all the data and expertise that the commission needs to make a decision. In June, the department determined that there isn't compelling evidence that the western Joshua tree is in danger of going extinct in the foreseeable future. It said the plant has time to adapt to climate change.

Almost all of the peer-reviewed scientists disagreed. At the meeting in June, hundreds of members of the public showed up to throw in their opinion too.

Local politicians, the local water board, building developers, and labor unions all argued that listing an abundant plant in the desert as endangered would hurt development and jobs.

National politicians, conservationists, scientists, local residents, and tribal groups all made the case that the western Joshua tree is disappearing, and needs to be protected.

The commission reached a stalemate in June, and then on Wednesday they decided unanimously to delay the decision again, to leave room for more tribal consultation.

Cummings says he is not surprised by the delay. But even if the commission lists the western Joshua tree next year, he doubts the fight will end there either.

"If they vote to protect Joshua trees, various business interests will undoubtedly sue, trying to overturn that protection. And conversely, if the commission votes against protecting Joshua trees, I will sue, attempting to overturn that unlawful, unscientific decision. So the future of the species is likely to be contested for the next few years," he says.

For now, the Joshua tree has temporary protection, since it is a candidate species for CESA. The commission will revisit the decision in February 2023.

Caleigh Wells wrote this article for KCRW.


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The federal Bureau of Land Management has published a new plan for managing public lands which will put oil and gas management in sync with Colorado's big-game conservation policies.

Suzanne O'Neill, executive director of the Colorado Wildlife Federation, said the proposed final plan, which will impact BLM-managed lands in all 64 Colorado counties, is an important move to protect Colorado's iconic wildlife.

"It will help safeguard mule deer, elk, pronghorn and bighorn sheep habitats," O'Neill outlined. "These populations inhabit almost three quarters of the 8.3 million surface acres that the BLM manages."

The plan would amend management plans for 12 BLM field offices in Colorado by limiting active oil and gas sites to one per square mile in big-game high priority habitat. It also requires operators to minimize and offset direct, indirect and cumulative adverse impacts on wildlife. The BLM's proposed final Western Solar Plan revision is expected to be published this summer.

John Howard, former chairman of the Colorado Parks and Wildlife Commission during the Hickenlooper administration, believes the plan will give energy developers more certainty and should also cut the red tape found when dealing with multiple regulatory environments, which are not always on the same page.

"I think most of them are going to react very positively to having something that aligns so well between the federal government, the state government and local government," Howard projected.

The BLM is charged with managing lands owned by all Americans for multiple uses, including hunting, fishing, camping, rafting and hiking. O'Neill pointed to a 2020 report showing work is also needed to ensure trails and other recreation areas do not harm wildlife.

"They need to be appropriately sited, so they don't disturb wildlife that are birthing in the spring, or trying to migrate," O'Neill urged. "They need to be located in the right places."

Support for this reporting was provided by The Pew Charitable Trusts.


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Virginia's Marine Resources Commission is ending the winter blue crab harvest prohibition.

Crabbing is permitted from March to the middle of December. Extending the harvesting season targets adult female crabs which can harm this species' future. Environmental groups argued the Blue Crab Stock Assessment Committee's research does not support increasing the harvest.

Chris Moore, Virginia executive director for the Chesapeake Bay Foundation, said recent winter dredge survey results showed it is an ill-timed decision.

"For the last 8 or 9 years or so, we had actually seen higher numbers of adult females every year going back to 2016 except for 2022," Moore outlined. "That was the year where we actually saw the lowest number of crabs total in that winter dredge survey."

The most recent winter dredge survey showed a continued decline of about 20 million blue crabs in Chesapeake Bay. Moore noted the committee's decision is preliminary and depends on several previous determinations, ranging from the season's duration, number of participants, allowable catch and harvest location. A final decision is set for September.

Reopening the winter harvest will not endanger or eliminate blue crabs from Virginia waterways due to thresholds for the population. Moore thinks the committee should wait for a stock assessment with Maryland and the National Oceanic and Atmospheric Administration to be completed. Since the last one was done in 2011, he argued more is known about blue crabs.

"We continue to learn more about the population dynamics of the blue crab," Moore emphasized. "We continue to learn more about some of the predators of the blue crab, like catfish, and so we really need to be thinking about what is the state of the resource now when it comes to managing the species."

Moore added the stock assessment's results can better determine how to manage blue crab populations. Studies show around a quarter of the female blue crab population was removed from Chesapeake Bay by fishing in 2023, below both the threshold to pause the harvest and the target for sustainable blue crab fishing.


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The Bureau of Land Management says it will start a wild horse roundup in Wyoming's White Mountain area, but wildlife advocates say the plan exceeds the agency's authority.

The BLM aims to gather nearly 600 wild horses starting August 15, in an area northwest of Rock Springs - to prevent what it calls 'further deterioration' of the land health due to impacts from the animals.

The group Wild American Horse Conservation says the agency used incorrect data to reach that number, improperly including foal counts.

Suzanne Roy, executive director of the group, said bad numbers are a problem for the local eco-tourism business the horses support, through a Wild Horse Scenic Loop drive.

"We're very concerned that the BLM is playing with numbers to remove more horses than they're legally allowed to," said Roy. "And if they are allowed to proceed, it will reduce the herd to such a low number, you'll never be able to view the horses."

Roundups involve gathering horses into holding pens until they're adopted.

But Roy said there are more horses being held than the adoption market can absorb, and that difference costs taxpayers about $70 million a year.

Roundups are an alternate population control method to sterilization. But Roy said her group advocates instead for fertility control.

"Basically, it's called immunocontraception," said Roy, "and it's a vaccine that creates an immune response in the animals and it prevents fertilization."

Roy said this method is also reversible, which is important in case of unexpected population die-offs.

The BLM is a multiple-use agency charged with balancing numerous interests - including those of the public, grazing rights and multiple wildlife species.

James "Micky" Fisher - lead public affairs specialist with the BLM Wyoming field office - said the agency isn't opposed to fertility treatments, but they're more difficult to implement.

"Unfortunately, with herd management areas of this size and even larger ones," said Fisher, "the sheer number of horses that we're required to gather to get down to the appropriate management level, fertility treatments and darting practices, they're just - they're insufficient."

A larger roundup is currently underway across four Herd Management Areas in central Wyoming.

Fisher said the BLM started the roundup on July 1, to gather over 2,700 animals.




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