By Caleigh Wells for KCRW.
Broadcast version by Suzanne Potter for California News Service reporting for the KCRW-Public News Service Collaboration

The California Fish and Game Commission delayed the decision again today over whether to grant state protection to the western Joshua tree.

The petition to protect the plant under the California Endangered Species Act (CESA) was submitted in 2019. If it is listed, it would be the first species to earn protection in the state because of climate change.

But the process has been contentious. And even when the decision is made, the fate of the plant is far from sealed.

How to save a tree

A member of the public must make a case to the California Fish and Game Commission that a species needs protection. In this case, the case is over the western Joshua tree, which primarily grows in California.

Their champion is Brendan Cummings. As conservation director for the Center for Biological DiversityCenter for Biological Diversity, he's litigated plenty of endangered species cases. "Fifteen or so years ago, I did the ... litigation that forced the Bush administration to protect the polar bear under the Federal Endangered Species Act."

But this species is personal. He's got dozens of them in his backyard in the town of Joshua Tree. "If you look around us here, the adult Joshua trees we're seeing were recruited into the population under a climate that no longer exists," he says.

But the case he's making isn't easy. Millions of these trees are still spanning thousands of square miles. Listing a species means businesses and residents must either avoid killing it if possible, or move it, or pay a fee if it must be killed. With so many trees left, that could be burdensome.

Kelly Herbinson says it's worth the trouble. She's the co-executive director of the Mojave Desert Land Trust, whose whole mission is to set aside acres of desert habitat for preservation.

"What we're seeing right now is unprecedented. This is serious. And I don't know that that's always obvious if you're not doing this every day and working on the land every day," she says.

At lower elevations, the western Joshua tree is facing the effects of the worst drought in more than a thousand years. "If you were to go to, say, the West Mojave, or even areas nearby where the drought has been really bad, I mean, they're mostly brown," she says.

In its middle elevations, the Joshua tree has been separated into small island habitats by decades of development as the human population in the desert continues to grow. That cuts off genetic flow between populations and creates problems like what LA's mountain lions are facing.

And then of course, at its middle and higher elevations, the Joshua tree is facing a threat it rarely encountered before: increased wildfire.

On a protected parcel of land across the street from where Herbinson works, a stray cigarette in 2020 burned most of the Joshua trees on a quarter of the 600 acres that the Mojave Desert Land Trust saved from becoming a housing development.

"That is not something that happened historically," she says. "There's this massive overgrowth of invasive plant species that are blanketing the desert and creating this massive fuel load. And then it dries out because we're in a drought. And then you just have this carpet of dried up plants that are ripe to burn."

There's also the problem of the tree's lifelong partner: the yucca moth. They're completely reliant on each other to survive.

The moth lives underground at the base of its tree for years, waiting for it to flower, and in the spring when it finally does, it emerges and pollinates the tree in exchange for food and a safe place to produce larvae.

But as the climate changes, scientists have found that the moths aren't reproducing like they used to.

The California Department of Fish and Wildlife spent months studying the trees. Their job is to provide all the data and expertise that the commission needs to make a decision. In June, the department determined that there isn't compelling evidence that the western Joshua tree is in danger of going extinct in the foreseeable future. It said the plant has time to adapt to climate change.

Almost all of the peer-reviewed scientists disagreed. At the meeting in June, hundreds of members of the public showed up to throw in their opinion too.

Local politicians, the local water board, building developers, and labor unions all argued that listing an abundant plant in the desert as endangered would hurt development and jobs.

National politicians, conservationists, scientists, local residents, and tribal groups all made the case that the western Joshua tree is disappearing, and needs to be protected.

The commission reached a stalemate in June, and then on Wednesday they decided unanimously to delay the decision again, to leave room for more tribal consultation.

Cummings says he is not surprised by the delay. But even if the commission lists the western Joshua tree next year, he doubts the fight will end there either.

"If they vote to protect Joshua trees, various business interests will undoubtedly sue, trying to overturn that protection. And conversely, if the commission votes against protecting Joshua trees, I will sue, attempting to overturn that unlawful, unscientific decision. So the future of the species is likely to be contested for the next few years," he says.

For now, the Joshua tree has temporary protection, since it is a candidate species for CESA. The commission will revisit the decision in February 2023.

Caleigh Wells wrote this article for KCRW.


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A coalition of conservationists and tribal nations is pushing for support of the Columbia Basin Restoration Initiative by state officials in Olympia.

The Initiative is a project to remove the lower Snake River dams while maintaining current irrigation, transportation, energy, and recreation services. It focuses on restoring salmon runs and supporting the endangered Southern Resident Killer Whales.

Gabriel Newton, a competitive kayaker, artist and conservationist, will draw attention to the plight of the Orcas next week. He said protecting them means protecting all living things.

"It's incredibly important," Newton stressed. "Every time a thread in the web of life is broken, our own capacity to thrive is diminished. Orcas and famine are very integral threads. Newton said the trip could be challenging."

Newton will paddle 65 miles from Seattle to Olympia. He plans to meet with Gov. Bob Ferguson and present 500 signed cards seeking his support. Former Gov. Jay Inslee endorsed the Initiative but Ferguson, who took office in January, has yet to take a position.

The initiative was initially proposed by a group called the "Six Sovereigns," including the tribes of the Yakama Nation, Umatilla Indian Reservation, Warm Springs Reservation, Nez Perce and the states of Oregon and Washington. Newton acknowledged the kayak trip could be challenging.

"It would be an easy run in the summer but March is one of the windiest months of the year on Puget Sound, and it tends to be wind from the south," Newton explained. "I can expect a headwind most of the way, and depending on the strength of the wind, it could be treacherous or mildly annoying."

Newton will also be one of the artists featured at "An Evening of Art and Poetry," on March 26 in Olympia. The event is sponsored by the Endangered Species Coalition, Save our Wild Salmon, Braided River, Washington Conservation Action, and the Sierra Club.


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Today, Oregon conservation groups are headed to the state Capitol for "Wildlife Lobby Day."

The organizations, all part of the Oregon Wildlife Coalition, will meet legislators to advocate for four bills supporting science-based coexistence with wildlife.

Sristi Kamal, deputy director of the Western Environmental Law Center, highlighted the "1% For Wildlife" bill, which would raise the state Transient Lodging Tax by 1% up to 2.5%. Funds would help the Oregon Department of Fish and Wildlife implement the State Wildlife Action Plan to protect imperiled species and habitats.

Kamal pointed out the plan currently has no funding from the state.

"Even though we have a Democratic majority in our legislature this session, unfortunately, wildlife falls at the bottom of everyone's priority list," Kamal observed.

One bill would help landowners use nonlethal tools to share land with beavers. Another seeks about $1 million to fund four wildlife coexistence biologists, a public education campaign and a grant program for wildlife rehabilitation centers.

Along with supporting four bills, the coalition opposes two bills this session, both focused on carnivore management. One would reimburse ranchers up to five times the market value for livestock killed by wolves, despite Oregon already compensating the full market value.

Kamal noted research shows such payments do not increase tolerance and may have the opposite effect.

"We fear that this will actually increase intolerance for the species and lead to more actions like poaching of wolves," Kamal explained. "Which we are already seeing a significant uptick in the state."

Another bill opposed by the coalition would legalize using hounds to hunt cougars, an idea Kamal argued is inhumane and has already been voted down by Oregonians.

Kamal emphasized the coalition, along with the bills they support, aim to foster coexistence between wildlife and people. She stressed Oregon's policies need to reflect the vital role many species play in supporting ecosystems and humans through climate change and wildfires.


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Colorado lawmakers could add buffalo, also known as bison, to a long list of wildlife that have been restored to their natural habitat across the Centennial State. Senate Bill 25-053 would classify wild roaming buffalo as wildlife, to be managed by Colorado Parks and Wildlife the same as deer, elk, moose and other big game species.

Nick Gevoc, Northern Rockies campaign organizing strategist with the Sierra Club, says under current Colorado law, when members of wild buffalo herds from southeastern Utah cross a border they can't see, they are not protected.

"Just a handful, maybe four to six animals a year, are making their way into western Colorado. And those animals are being shot now," he explained. "And they can do that legally because they are not recognized as wildlife in the state of Colorado."

Colorado is seen as a leader in the Rocky Mountain region for restoring wildlife, most recently with the reintroduction of wolves, a move opposed by some cattle producers. Efforts to protect buffalo as wildlife in Montana have been strongly opposed by the livestock industry. Senate Bill 25-053 would protect existing free-range buffalo, and does not direct wildlife managers to bring more animals into Colorado.

Before they were hunted to near extinction in the late 19th century, between 30 million and 60 million buffalo roamed North America. In recent years, efforts by Tribal Nations to recover buffalo as a wildlife species have gained momentum. The keystone species provides food and habitat for birds, insects and small mammals, and increases biodiversity.

"They create little depressions that often store water. They selectively graze on the landscape differently than cattle, they hit some areas harder than others," Gevoc continued. "They tend to stay away from waterways. They bring tremendous ecological benefits to a shortgrass prairie."

Gevoc believes the measure will boost Colorado's economy as people come to the state for a chance to see buffalo, America's national mammal, in the wild.

"They are deeply important to Native American people, and they're a symbol of pride to the people of Colorado and all over the country. We recovered elk, deer, antelope, moose, all kinds of other species. But for some reason we left this one behind," he concluded.