“Press Release – For immediate release.” February 6, 2007 FEDERAL COURT APPROVES SETTLEMENT TO PROTECT
IMPERILED CHEAT SNAIL AND INDIANA BAT
--- Land Set Aside for Endangered Species --- On February 5th, the U.S. District Court for Northern West Virginia formally ratified the “settlement agreement” involving Allegheny Wood Products and three plaintiff organizations. This settlement spells out a cooperative plan to protect the Cheat three-tooth snail and the Indiana bat in the Cheat Canyon, in Preston County, WV. Both are on the federal endangered species list, the snail is “threatened” and the bat is “endangered” under the Endangered Species Act. This lawsuit was filed on April 6, 2005 by the Cheat Lake Environment and Recreation Association (CLEAR), the Friends of Blackwater, and the State Chapter of the Sierra Club. AWP and these plaintiffs have worked hard to achieve this settlement which was submitted to the Court on February 1st, and it calls for continued cooperation to set up snail preserves during the remainder of 2007 and beyond. Paul Wilson, State Chair of the Sierra Club, said “The Sierra Club believes that this settlement agreement may be as good or better than the protections offered by "incidental take permits" and “habitat conservation plans”, as called for in the federal Endangered Species Act, particularly for the very rare Cheat three-tooth snail with the scientific name Triodopsis platysayoides. Three-tooth’ is a misnomer, as this snail has a single unique denticle (bump) of shell material in its shell opening.” Judy Rodd, Director of the Friends of Blackwater, said “We are very pleased that there has been a positive outcome from our litigation and that good science will be used to set up snail preserves. We thank our lawyers and the many individuals who contributed to protecting one of West Virginia’s most unique endangered species. Conservation of the unique habitat in the Cheat Canyon will also protect other rare species of plants and animals.” Duane Nichols, President of CLEAR, said “This is a “groundbreaking” achievement. A unique program has been structured to bring a systematic approach to bear on the protection of imperiled species on private lands.” He is very pleased that a cooperative agreement has been reached and is looking forward to its implementation. Initially, six Preserves and two adjoining Adjunct preserves are being set aside for protection of the snail, on the north side (‘river right’) of the Cheat River. One Preserve on the south side (‘river left’) at Cornwell Cave will also offer protection for the Indiana bat. Logging will now resume in the current area of operations with pre-selected regions being preserved to protect the Cheat snail. These areas are currently marked with plastic ribbons and will be marked via painting rings on trees over the coming months. Within 45 days a panel of snail experts will be assembled “to determine on the basis of the best scientific data available the proper criteria to apply to identify potential habitat”. This applies to areas slated for future logging that scientists believe may be especially important to the snail. Seventy-five days have been allotted for the preparation of such a report, fifteen days for review of the report and thirty more days to finalize it. A “delineation team” will then be selected to actually visit the areas slated for future logging so as to apply the results of the expert panel. Within 240 days, AWP and the three named organizations will seek the advice of the panel of experts on possible research projects related to the conservation of the snail and/or its habitat. Further, special provisions have been made in the settlement to limit the road building on the Allegheny Trail, on the old railroad bed, that passes through the Canyon. This Trail is to subsequently be opened again, although some limitations will still prevail. The plaintiff organizations are represented by Joshua Barrett of the law firm DiTrapano Barrett & DiPiero, Charleston, WV. He is assisted by Erin Tobin and Eric Glitzenstein of the law firm Meyer Glitzenstein & Crystal, Washington, DC. Contacts: Duane Nichols, CLEAR 330 Dream Catcher Circle Morgantown, WV 26508 304-599-8040 Judith Rodd, Director Friends of Blackwater 501 Elizabeth Street, Room 3 Charleston, WV 25311 304-345-7663 Paul Wilson, Chapter Chair The Sierra Club of West Virginia 504 Jefferson Avenue Charles Town, WV 25414-1130 304-725-4360