Jodi Peterson

Associate Editor

Recently we wrote about the Fish and Wildlife Service’s attempt to back out of an agreement about its upcoming decision on whether to list the greater sage grouse as threatened or endangered (see our story “Crying fowl“).

The agency had promised to consider a major upcoming scientific report in making its determination, to allow public comment on that report, and to come out with a listing decision next spring. But a few days later, officials tried to wiggle out of the agreement, claiming that the deal hadn’t been properly approved (despite the fact that Department of Justice lawyers had signed off on it).

Critics charged that the agency was playing politics, trying to avoid listing the bird because of the potential impacts on energy development and home-building. Now, a federal judge has ruled that Fish and Wildlife can’t abandon the deal, reports the AP:

Judge B. Lynn Winmill rejected (the agency’s) claims, saying the deal, which was filed with the court, should be treated and honored like any other legally binding contract.

The ruling is another setback for the agency since it ruled in January 2005 that the sage grouse did not merit threatened or endangered status.

Score one for the sage grouse.