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Pygmy Owl Data Sets Precedent for Landowners

For landowners across the country who need to determine if, and to what extent, their properties are inhabited by an endangered species that may lead to land use restrictions, there has just been a valuable precedent in the resolution of an Endangered Species Act case in Arizona.
 
After a number of legal victories, national media coverage and four-and-a-half years of intense efforts by NAHB and the Southern Arizona Home Builders Association, the U.S. Fish and Wildlife Service is finally telling builders where endangered cactus ferruginous pygmy owls are located in the state.

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Earlier this month, the Service provided NAHB and the Arizona builders with all of the data they have on the location of the owls. Home builders received detailed geographical data on 161 sightings of the bird that have occurred across portions of southern Arizona.

This brings to a successful close a long-drawn out battle. Citing the Freedom of Information Act, NAHB argued that the government was required to provide data on pygmy owl locations so that the public could appropriately evaluate proposed plans for protecting their habitat. A federal court agreed, and NAHB's legal strategy played a large role in forcing the Service to release valuable data on the owl.

For more information, e-mail Christopher Galik at NAHB, or call him at 800-368-5242 x 8663.

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