Center for Biological Diversity: Upper Verde River Grazing ESA Lawsuit Filed

• Conservation groups have initiated new legal action against federal agencies over alleged livestock grazing violations along Arizona's Upper Verde River.
• The lawsuit claims the U.S. Forest Service and U.S. Fish and Wildlife Service are failing to protect endangered species and their critical riparian habitats.
• Specific allegations include cattle presence in areas explicitly closed to grazing under Endangered Species Act consultations from 2002 and 2017.
• Biologists documented significant cattle damage to 40% of nearly 34 surveyed miles along the Upper Verde, and 50% of 3,131 regional critical habitat miles.
• This marks the second time these organizations have sued the agencies regarding similar grazing enforcement issues.

This legal action underscores a persistent challenge for federal agencies in enforcing environmental protections, particularly when previous agreements and explicit prohibitions against grazing have allegedly been disregarded.

Conservation organizations have initiated fresh legal proceedings against federal agencies, alleging ongoing violations of the Endangered Species Act (ESA) due to livestock grazing in protected riparian zones along Arizona's Upper Verde River. The lawsuit, filed by the Center for Biological Diversity and the Maricopa Bird Alliance in the Tucson division of Arizona federal court, targets the U.S. Forest Service and the U.S. Fish and Wildlife Service. This action renews complaints first lodged in 2020, asserting that cattle are being permitted into areas where grazing is explicitly prohibited, leading to significant environmental degradation.

The core of the complaint centers on the alleged failure of federal authorities to protect critical habitat for several endangered species, including the narrow-headed garter snake, western yellow-billed cuckoo, and the small fish known as spikedace. The Upper Verde River, a rare perennial stream stretching over 45 miles through the Prescott National Forest west of Sedona, Arizona, is characterized by its vital willow and cottonwood-lined banks, which serve as essential habitat for these vulnerable populations. The conservation groups contend that the agencies have not upheld their responsibilities to enforce environmental protections, particularly after an agreement with the U.S. Forest Service and U.S. Fish and Wildlife to exclude cattle from riparian areas expired in 2024.

The lawsuit specifically claims that the federal agencies are in breach of three distinct Endangered Species Act consultations, dating from 2002 and 2017. These consultations, which cover allotments along the Upper Verde River, explicitly prohibit grazing and concluded that there would be no adverse effect on endangered species only under the assumption that no livestock grazing would occur. Despite these stipulations, the Center for Biological Diversity and the Maricopa Bird Alliance have documented escalating damage across six public land allotments, with cattle regularly observed along the river, often gaining access through damaged or entirely missing fences.

Evidence presented by the Center for Biological Diversity includes findings from 2026, where biologists reported that 40% of nearly 34 miles surveyed along the Upper Verde River exhibited moderate or significant damage from unauthorized cattle, despite these areas being expressly closed to grazing. Furthermore, the organizations highlight broader regional impacts, noting that between 2017 and 2025, 50% of 3,131 miles of endangered species critical habitat surveyed regionwide suffered significant damage from cattle grazing, with an additional 13% experiencing moderate damage. This legal action underscores a persistent challenge for federal agencies in enforcing environmental protections, particularly when previous agreements and explicit prohibitions against grazing have allegedly been disregarded.

The presence of livestock in these sensitive riparian ecosystems causes direct and substantial harm. Cattle grazing leads to the removal of essential vegetation, which in turn elevates water temperatures, diminishes bank stability, and alters the natural structure of streams. Beyond vegetation loss, the physical actions of cattle, such as trampling and shearing, can directly modify streambanks, initiating erosion that changes the width and depth of channels and can eliminate crucial pool and backwater habitats vital for aquatic species.

This is not the first instance where federal agencies have faced legal challenges over grazing enforcement. A federal judge ruled in March that agencies had violated the Endangered Species Act at the Agua Fria National Monument, finding they continued to issue grazing permits despite clear evidence that fencing failures allowed livestock to damage protected streams. The plaintiffs in the current Upper Verde River grazing ESA lawsuit argue that these same legal obligations apply to the U.S. Forest Service's management practices in the Prescott National Forest, emphasizing the need for consistent enforcement of environmental safeguards across federal lands.

The renewed litigation underscores a critical and ongoing struggle to protect fragile ecosystems and endangered species from the impacts of livestock grazing on federal lands. Conservation advocates, including Chris Bugbee, a senior conservation advocate at the Center for Biological Diversity, have voiced frustration over the necessity of repeated legal action, stating that the Prescott National Forest has failed to adequately control its rancher permittees. This marks the second time these groups have brought suit against the U.S. Forest Service and U.S. Fish and Wildlife Service concerning the same issue of grazing enforcement.

The outcome of this case holds significant implications for the management of public lands and the enforcement of environmental laws like the Endangered Species Act across Arizona and beyond. It highlights the challenges federal agencies face in balancing economic activities, such as ranching, with their mandate to protect biodiversity and critical habitats. The lawsuit seeks to compel stricter adherence to existing environmental stipulations and prevent further degradation of invaluable natural resources like the Upper Verde River, which is deemed crucial for both wildlife and human communities.

This case highlights the ongoing legal risks for federal agencies and their permittees regarding livestock grazing in critical habitats, particularly under the Endangered Species Act. Lawyers advising clients with grazing permits on federal lands should review compliance with ESA consultations and habitat protection measures to mitigate potential litigation and ensure strict enforcement of environmental stipulations.

Source: Reporting based on recent environmental filings.