The Pinyon jay / USFWS

On Wednesday, Defenders of Wildlife filed a lawsuit accusing the U.S. Fish and Wildlife Service and the Department of Interior of violating the Engangered Species Act by putting off a formal decision on listing the Pinyon jay until 2028. A determination was supposed to be made in 2023. 

“The [U.S. Fish and Wildlife] Service has the data it needs to move forward, and instead is purposely stalling its decision,” said Peggy Darr, Defenders of Wildlife New Mexico representative, in a statement. “They have solid, scientific evidence showing the Pinyon Jay’s precipitous decline and dire need for federal intervention.”

According to the American Bird Conservancy, Pinyon jays have seen nearly a 79 percent drop in population since 1970, mainly due to the loss of its piñon-juniper habitat. 

Defenders first petitioned the USFWS to protect the Pinyon jay under the ESA in April, 2022. Petitions showing a substantial need to protect a species under the ESA are supposed to trigger a decision response within 12 months, which the USFWS failed to do, citing lack of resources and significant work backlog. 

“The U.S. Fish and Wildlife Service must act now to prevent the extinction of the pinyon jay,” said Defenders of Wildlife New Mexico representative Patricia Estrella in 2022. “This remarkable bird is threatened by a suite of factors including removal of its piñon-juniper habitat, drought, and climate change. Due to the combined threats facing the pinyon jay, the bird warrants the federal protection of the ESA.” 

Pinyon jays range throughout the Western states and are a familiar sight to anyone who's spent significant time outdoors in the Great Basin. The birds cache their favorite food, the seeds of the piñon pine tree, and leave some behind, which spreads the seeds, and helps regenerate piñon pine woodlands. Thus, Pinyon jays play a crucial role in preserving biodiversity and maintaining a robust piñon pine population. 

Defenders says it has secured internal USFWS documents that suggest the agency believes the Pinyon jay population will plummet by a further 50% in the coming decades, but is still pushing out a decision to list the species for ESA protection until 2028. 

“We are holding the Service accountable for its failure to act swiftly to protect this ecologically important songbird,” said Lisa Saltzburg, senior attorney for the Defenders of Wildlife Biodiversity Law Center. “Pushing the listing decision to 2028 not only ignores the law, but also places the Pinyon Jay’s future in serious jeopardy.”