Many groups believe that agencies are making the wrong decisions. Disagreements among interested parties often end up in litigation, where judges, not scientists, make rulings on scientific merit. Most decisions to list species in the West, including those involving the northern spotted owl, marbled murrelet, and bull trout, have been made after lawsuits. Many organizations see science as a way of reducing litigation. After all, judges are not scientists or land managers and are apt to make the wrong technical decision.
Court actions are costly.
Any means of reducing vulnerability to lawsuits is roundly favored. There are striking differences in opinion as to where peer review is needed. Simply put, each group favors review of actions that it finds unpalatable. Development groups want fewer species listings and therefore demand review of listing decisions. Some professional and environmental societies oppose peer review of listings because they will unnecessarily delay much-needed conservation measures.