Partnerships, Lawsuits, and Competing Accountabilities in CCAA Agreements

Private lands are often critical for successful species conservation, and the US Fish and Wildlife Service has increasingly utilized voluntary Candidate Conservation Agreements with Assurances (CCAAs) as a strategy for promoting private land conservation. CCAAs, however, present a challenge where the FWS, with its history as a regulatory entity, must now engage landowners as conservation partners. There is a deep culture of distrust among landowners, who are often suspicious of engaging with the agency, making it necessary for the FWS to build trusting relationships. Furthermore, FWS decisions often face litigation in the courts, where they may be overturned. This creates a challenge for CCAAs, as the agency is pulled between landowner demands for greater flexibility and a court system that emphasizes rigid compliance to established rules and procedures. This study seeks to understand what factors influenced the flexibility of agency staff and officials as they navigate the process of negotiating CCAAs amidst these competing demands for accountability. Three cases of CCAA development are presented, each aiming to protect the habitat for the greater sage-grouse and ease the regulatory burden on ranching communities, should the grouse become a federally protected species. In addition to the well-documented need for trust-building and maintenance, the findings of the study highlight the importance of shared goals, the participation of trusted intermediary organizations, and as well as the meaningful support and investment of senior FWS leadership in exploring creative, innovative solutions.