Concerned with the spread of White Nose Syndrome among bat species in the northeastern United States, a powerful non-profit environmental lobbying group filed a petition with the federal government January 21 to close to humans all caves in the country known to harbor bats. The Tucson-based Center for Biological Diversity, through its Richmond, Vermont office, filed an emergency petition with the Departments of Interior, Agriculture and Defense to close all caves and mines until science can prove that humans are not a vector for transmitting the pathogen that causes White Nose Syndrome among bats. The fungus has resulted in the deaths of hundreds of thousands of bats in the last few years since it was first noticed in bats in New York’s commercial Howe Caverns.

Colorado's popular Hubbard Cave, managed by the White River National Forest, would be closed to all visits under the proposal. (Richard Rhinehart photograph, copyright 2005.)
The petition formally requests that the Departments of Interior, Agriculture and Defense designate all caves with at least seasonal bat populations on federal lands – US Forest Service, Bureau of Land Management, National Park Service, and US Fish and Wildlife Service – as significant under the terms of the Federal Cave Resources Protection Act, a Reagan-era law designed by Congress to protect the most significant caves in the nation. Once designated, the federal agencies would be directed to close these caves to the public, and to undertake a gating process to place gates on the cave entrances.
The petition also requests that the Fish and Wildlife Service notify all private cave owners within the United States that they may be subject to criminal penalties under the federal Endangered Species Act. By not gating their caves and eliminating all access to human visitors, the owners could be subject to fines and/or prison terms. Cave visitors discovered by law enforcement to be traveling to or from caves with known bat populations could also be arrested for violating the Endangered Species Act.
In addition, the Center’s petition requests that the federal government immediately begin purchasing and closing all privately known caves and mines known to have at least seasonal bat populations. No exemptions are provided for commercial cave operations, such as Kentucky’s Mammoth Cave, Carlsbad Caverns in New Mexico or Colorado’s Cave of the Winds. Each of these caves would be required to cease commercial operations and close indefinitely to any human visitation.

Mollie Matteson, a University of Montana biology graduate and conservation advocate with the Center for Biological Diversity, works at the organization’s Vermont office. She has been passionately involved with the protection of bats since the pathogen became known to biologists in 2007. Bat populations in Vermont and surrounding states have been decimated by the spread of the White Nose Syndrome pathogen, and Matteson has led the Center’s efforts to protect bats nationally from possible extinction. She researched and created the petition for the Center.
With more than 255,000 members nationally, the Center is actively involved in litigation in protecting plant and animal species within the United States and across the world. Founded in 1989, the Center has a reputation as a hard-charging fighter for environmental protection, taking on everyone who opposes their view. Founder Kierán Suckling was called by The New Yorker as a “trickster, philosopher, publicity hound, master strategist, and unapologetic pain in the ass.” This is a group who will not hesitate to litigate when they see the opportunity to do so.
Wildlife biologist Ann Kreager counts herself as one of those who greatly admire the Center. She reports that “we professional biologists working inside the industry were grateful for their efforts [in California and elsewhere], especially since politics typically trumped science, limiting our ability to work within the regulatory framework. Their staff is comprised of excellent and dedicated biologists and attorneys who aren’t compromised by special interest groups or big money and their petitions have always been extremely well researched and supported by fact.”
Others, such as the National Speleological Society’s White Nose Syndrome Coordinator Peter Youngbaer, are less complimentary of the Center and their petition to close all caves and mines harboring bats. Stating that “cave conservation would be dealt a serious setback by these outrageous proposals,” Youngbaer states directly that Matteson’s proposed actions by the federal government would be “reckless, dangerous, ill-advised, [and] divisive.”
“What they are calling for would destroy cave and bat conservation, as the rule would prohibit any visitation, including by researchers and conservationists, close commercial caves, and wreak economic havoc. It would result in a complete halt of scientific and academic study in caves in a variety of sciences including geology, archaeology, hydrology, microbiology, paleontology, and biology,” reports Youngbaer. “It’s too bad such so-called environmental leadership feels it necessary to publicly display its ignorance about the transmission of White Nose Syndrome, bats, caves, and subterranean ecosystems in order to advance its narrow agenda. Frankly, it’s an embarrassment to their organization, and the people responsible for it should be fired, and a public apology issued.”
Kreager reports that the filing of the petition has legal responsibilities by the federal government. In formally filing the document, the US Fish and Wildlife Service must “determine whether existing impacts are sufficient to threaten a species with extinction. The Service by law then has to open the case and weigh all relevant scientific data, including that which was submitted with the petitions. If the data substantiates closure, then the Service has the information it needs to move forward. If the Service finds the information is insufficient or does NOT jeopardize the species, then they may determine no action is necessary or some other mitigation will be required.”
For cavers and cave scientists nationally, the Center’s petition is being taken as a serious challenge that will affect not only caving and cave science, but also the national economy, if litigation is successful in closing public and private caves, including commercial caves. Youngbaer advises the 11,000 National Speleological Society that “CBD has a large cadre of lawyers, and is quite adept at using the legal system, Freedom of Information Act and other tools to advance its agenda, so don’t dismiss this as simply being over the top, as it clearly is.”