Environmental groups have taken the first step toward suing two federal agencies for failing to consult on a massive proposed developmentβs potential to harm threatened species and their habitats in the San Pedro Valley.
On March 9, six groups, represented by nonprofit environmental law firm Earthjustice, sent a notice of intent to sue the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service. The notice says the agencies should expect a lawsuit in 60 days unless they initiate consultation, as required by the Endangered Species Act, on the impact of the 28,000-home Villages at Vigneto master-planned community.
The notice of intent is required by the Endangered Species Act prior to legal action.
βThe Endangered Species Act requires federal agencies to look before they leap to ensure they arenβt putting any endangered or threatened species in jeopardy,β Chris Eaton, an attorney with Earthjustice, said in a release. βBut here the Army Corps has chosen to turn a blind eye to the potentially serious effects this development could have on a number of at-risk species and their habitats.β
The environmental groups who signed the notice of intent are the Center for Biological Diversity, Sierra Club, Maricopa Audubon Society, Tucson Audubon Society, Cascabel Conservation Association and Lower San Pedro Watershed Alliance.
Because of the impending lawsuit, wildlife service officials can no longer comment on the situation nor say whether the Corps has initiated consultation yet, said Jeff Humphrey, spokesman for the wildlife service.
The Corps also canβt comment on whether the agency plans to initiate the consultation, nor whether the notice of intent has already prompted consultation, Dave Palmer, spokesman for the Corps, said in a Friday email.
βI canβt confirm consultation. That doesnβt mean it hasnβt happened or it is influenced by any outside action,β he said.
If consultation is initiated, that could spell more delays for developer El Dorado Holdings LLC, who is behind the Villages at Vigneto project at the center of the controversy.
The residential and commercial development would cover 12,000 acres and could bring 70,000 people to Benson, which has a current population of 5,000. Among the concerns about the project, conservationists fear increased water use could dry up the nearby San Pedro River, with dire consequences for species that rely on it.
El Dorado spokesman Mike Reinbold declined last week to comment on the possibility of an Army Corps-wildlife service consultation.
The wildlife service has previously shown itβs on board with environmentalistsβ demands to consult over whether a permit issued to Vignetoβs predecessor 10 years ago needs to be reconsidered, in light of new environmental concerns.
Last summer, the wildlife serviceβs Phoenix office sent a draft letter to the Army Corps of Engineers asking for a consultation to determine Vignetoβs potential impacts on two federally protected species: the western yellow-billed cuckoo and northern Mexican garter snake.
Conservation groups have been pushing for the consultation to re-evalute the Corpsβ decision in 2006 that approved a Clean Water Act permit for Whetstone Ranch, an earlier β and smaller β version of the Vigneto development. Developer Whetstone Partners transferred its permit to El Dorado in 2014.
Environmental groups have noted Vigneto is 50 percent bigger than the earlier Whetstone project proposal. They also point out the cuckoo and garter snake have been listed as threatened species since the 2006 permit was issued. Critical habitats for the jaguar and the southwestern willow flycatcher could be directly or indirectly affected by the development, as well.
βThey absolutely should drive consultation,β said Tricia Gerrodette, president of the Huachuca Audubon Society. βThat wasnβt there as an issue 10 years ago.β
