January, 25 2010, 12:22pm EDT

For Immediate Release
Contact:
Jeff Miller, Center for Biological Diversity, (510) 499-9185
California Endangered Species Act Protection Sought to Save Mountain Yellow-legged Frog From Exotic Trout, Habitat Destruction, and Disease
SAN FRANCISCO
The Center for Biological Diversity
today petitioned the California Fish and Game Commission to list all populations
of the highly imperiled mountain yellow-legged frog as endangered under the
California Endangered Species Act. Mountain yellow-legged frogs
inhabit high-elevation lakes, ponds, and streams in the Sierra Nevada Mountains and Transverse Ranges of California and are on a rapid trend to
extinction. Their rapid decline is due to predation by
introduced trout, spread of diseases
that may be exacerbated by exposure to pesticides, and habitat alterations
caused by climate change, drought, and livestock
grazing.
"Once the most
abundant frog in the high Sierra, the mountain yellow-legged frog now barely
clings to survival," said Jeff
Miller, a conservation advocate with the Center for Biological Diversity. "The
mountain yellow-legged frog needs the protections of the California
Endangered Species Act to have any chance at recovery."
Although mountain yellow-legged
frogs throughout California should be protected
under the federal Endangered Species Act, the U.S. Fish and Wildlife Service has
only listed the Southern California population
as endangered. In response to a 2000 petition filed by the Center for Biological
Diversity, the Service determined that Sierra
Nevada mountain yellow-legged frogs also warrant federal listing as
endangered, but that such listing is precluded by actions to list other species.
As a fallback the agency placed the Sierra population on the candidate list,
which does not confer federal protection. The average time on the waiting list
for candidate species is 17 years, and many animals and plants have gone extinct
while languishing on this list.
"Continued delay of federal
protection for all mountain yellow-legged frog populations is placing this
unique California amphibian at risk of extinction,"
said Miller. "Without federal action, this frog needs protection under the
California Endangered Species Act."
Only a few decades ago, it was
difficult to walk around many of the Sierra's alpine lakes without tripping over
diminutive mountain yellow-legged frogs, known as "mountain gnomes." These hardy
survivors of freezing Sierra winters are vulnerable to a host of modern threats
that have driven the species to the brink of extinction. Surveys since 1995 at
225 historic frog localities show extinction of 93 percent of the northern and
central Sierra populations and 95 percent of southern
populations.
This month the California Department
of Fish and Game released a final environmental impact report on the impacts of
stocking of hatchery fish on mountain yellow-legged frogs and other imperiled
species, which unfortunately failed to adopt sufficient mitigation to protect
the species from the impacts of past and ongoing fish
stocking.
Background
Mountain yellow-legged frogs are
adapted to high-elevation habitats without aquatic predators. Widespread
stocking of nonnative trout in high-elevation Sierra lakes by the California
Department of Fish and Game has been the primary cause of decline for the
species. Introduced trout prey on tadpoles and juvenile frogs and change the
food web of the aquatic ecosystems frogs depend upon. Since 2000, the National
Park Service and U.S. Forest Service have begun removing nonnative trout from
some high Sierra lakes on federal lands in an attempt to restore yellow-legged
frog populations.
In 2006 the Center for Biological
Diversity filed suit against Fish and Game for failing to complete an
environmental review of the impacts of fish stocking on sensitive aquatic
species; in 2007 a court ordered the state
agency to conduct a public review of the stocking program's impacts. In 2008
Fish and Game agreed to interim restrictions prohibiting stocking trout in water
bodies with species sensitive to nonnative fish. Although the state has taken
steps to reduce trout stocking in areas with yellow-legged frogs, stocked trout
continue to harm frog populations and limit recovery. Permanent protection and
management decisions to stop stocking and remove trout in key frog habitats are
necessary to reduce trout predation of mountain yellow-legged
frogs.
Recent research has linked
pesticides that drift from agricultural areas in the Central Valley to declines
of native amphibians in the Sierra Nevada. Pesticides and other pollutants can
directly kill frogs and also act as environmental stressors that render
amphibians more susceptible to diseases, including a chytrid fungus that has
recently ravaged many yellow-legged frog populations.
Mismanagement of national forest lands has degraded frog habitat where livestock
grazing, logging, off-road vehicles, and recreational
activity are allowed in frog habitat. Rapid climate change has brought
warmer temperatures, decreases in runoff, shifts in winter precipitation
in the Sierra from snow to rain, and habitat changes that are rendering frog
populations more vulnerable to drought-related extinction
events.
The mountain yellow-legged frog was
recently re-described by scientists as two distinct species: the southern
mountain-yellow-legged frog (Rana muscosa), which occurs in the southern Sierra and
Transverse Ranges of Southern California; and the Sierra Nevada mountain
yellow-legged frog (Rana sierrae), in the central and northern
Sierra.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252LATEST NEWS
ICE's 'Frightening' Facial Recognition App is Scanning US Citizens Without Their Consent
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Nov 01, 2025
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."
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Two federal judges have said the Trump administration cannot use the government shutdown to suspend food assistance for 42 million Americans. But hours into Saturday, when payments were due to be disbursed, President Donald Trump appears to be defying the ruling, potentially leaving millions unable to afford this month's grocery bills.
A pair of federal judges in Massachusetts and Rhode Island ruled Friday that the Department of Agriculture's (USDA) freeze on benefits from the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, was unlawful and that the department must use money from a contingency fund of $6 billion to pay for at least a portion of the roughly $8 billion meant to be disbursed this month.
“There is no doubt that the six billion dollars in contingency funds are appropriated funds that are without a doubt necessary to carry out the program’s operation,” said US District Judge McConnell of Rhode Island in his oral ruling. “The shutdown of the government through funding doesn’t do away with SNAP. It just does away with the funding of it. There could be no greater necessity than the prohibition across the board of funds for the program’s operations.”
McConnell added: “There is no doubt, and it is beyond argument, that irreparable harm will begin to occur if it hasn’t already occurred in the terror it has caused some people about the availability of funding for food for their family."
SNAP benefits are available to people whose monthly incomes fall below 130% of the federal poverty line. More than 1 in 8 Americans rely on the program, and 39% of them are children. According to USDA research, cited by the Washington Post, those who receive SNAP benefits rely on it for 63% of their groceries, with the poorest, who make below 50% of the poverty line, relying on it for as much as 80%.
McConnell shot down the administration's contention that the contingency funds may be needed for some other hypothetical emergency in the future, saying "It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed."
While the judge in Massachusetts, Indira Talwani, ruled that Trump merely had to use the contingency funds to fund as much of the program as possible, McConnell went further, saying that in addition, they had to tap other sources of funding to disburse benefits in full, and do so "as soon as possible." Both judges gave the administration until Monday to provide updates on how it planned to follow the ruling.
However, after the ruling on Friday, Trump insisted on social media that "government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two courts have issued conflicting opinions on what we can and cannot do."
He added: "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible."
Attorney and activist Miles Mogulescu pointed out in Common Dreams that, "until a few days ago, even the Trump administration agreed that these funds should be used to continue SNAP funding during the shutdown."
On September 30, the day before the shutdown began, the USDA posted a 55-page "Lapse of Funding" plan to its website, which plainly stated that if the government were to shut down, "the department will continue operations related to... core nutrition safety net programs.”
But this week, USDA abruptly deleted the file and posted a new memo that concocted a new legal reality out of whole cloth, stating that “due to Congressional Democrats’ refusal to pass a clean continuing resolution (CR), approximately 42 million individuals will not receive SNAP benefits come November 1st.”
As Mogulescu notes: "The new memo cited absolutely no law supporting its position. Instead, it made up a rule claiming that the 'contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exist.'"
Sharon Parrott, the president of the Center on Budget and Policy Priorities, who previously served as an official in the White House Office of Management, said last week that it's "unequivocally false" that the administration's hands are tied.
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In hopes of pressuring Democrats to abandon their demands that Congress extend a critical Affordable Care Act tax credit and prevent health insurance premiums from skyrocketing for more than 20 million Americans, Republicans have sought to use the shutdown to inflict maximum pain on voters.
Trump has attempted to carry out mass layoffs of government workers, which have been halted by a federal judge. Meanwhile, his director of the Office of Management and Budget, Russell Vought, has stripped funding from energy and transportation infrastructure projects aimed at blue states and cities.
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A federal judge on Friday permanently blocked part of President Donald Trump's executive order requiring proof of US citizenship on federal voter registration forms, a ruling hailed by one plaintiff in the case as "a clear victory for our democracy."
Siding with Democratic and civil liberties groups that sued the administration over Trump's March edict mandating a US passport, REAL ID-compliant document, military identification, or similar proof in order to register to vote in federal elections, Senior US District Judge for the District of Columbia Colleen Kollar-Kotelly found the directive to be an unconstitutional violation of the separation of powers.
“Because our Constitution assigns responsibility for election regulation to the states and to Congress, this court holds that the president lacks the authority to direct such changes," Kollar-Kotelly, an appointee of former President Bill Clinton, wrote in her 81-page ruling.
"The Constitution addresses two types of power over federal elections: First, the power to determine who is qualified to vote, and second, the power to regulate federal election procedures," she continued. "In both spheres, the Constitution vests authority first in the states. In matters of election procedures, the Constitution assigns Congress the power to preempt State regulations."
"By contrast," Kollar-Kotelly added, "the Constitution assigns no direct role to the president in either domain."
This is the second time Kollar-Kotelly has ruled against Trump's proof-of-citizenship order. In April, she issued a temporary injunction blocking key portions of the directive.
"The president doesn't have the authority to change election procedures just because he wants to."
"The court upheld what we've long known: The president doesn't have the authority to change election procedures just because he wants to," the ACLU said on social media.
Sophia Lin Lakin of the ACLU, a plaintiff in the case, welcomed the decision as “a clear victory for our democracy."
"President Trump’s attempt to impose a documentary proof of citizenship requirement on the federal voter registration form is an unconstitutional power grab," she added.
Campaign Legal Center president Trevor Potter said in a statement: "This federal court ruling reaffirms that no president has the authority to control our election systems and processes. The Constitution gives the states and Congress—not the president—the responsibility and authority to regulate our elections."
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