North Austin News

It has been more than 20 years since a biologist upended rancher John Yearwood’s life when a rare, tiny, orange, eyeless spider was found living on Yearwood’s Williamson County acreage. 

The six-generation Texan is eager for his day in court to fight back against the severe environmental consequences that have befallen him and his family with the discovery of the arachnid known as the Bone Cave Harvestman. Yearwood’s day in court could finally come this spring or early this fall when oral arguments are finally scheduled in the 5th Circuit Court of Appeals. 

Chance Weldon, an attorney with the Texas Public Policy Foundation, said the case could wind up being a landmark when it comes to government overreach and private property rights.

According to the letter of the law, if Yearwood kills one of the tiny creatures, he could face a $50,000 fine and a year in jail. Yearwood takes the threat seriously. For fear of stepping on one or damaging one of the “caves” where the arachnid lives, the Yearwood family has stopped using the portion of his 865-acre property where the spider was found. 

Unfortunately for Yearwood and his family, the arachnid habitat is on the portion of the property that is best for camping and recreation. In the past, the Yearwoods had allowed youth groups and 4-H groups to camp and shoot on the property. No more. 

The spider “caves” look like crevices in the limestone or like rock piles. A horse or even a jogger could inadvertently damage a cave entrance. 

“The use of the property is in limbo, based on how broadly the U.S. Fish and Wildlife Service defines protection for these species,” Weldon says.

The federal government bases its authority over Yearwood’s property rights on Interstate Commerce Regulations. Weldon finds the argument farcical. “Their theory is that anything that affects one species, eventually affects all species, because all species are interconnected in the circle of life, and, eventually, will have some effect on interstate commerce,” Weldon says. 

Weldon says this kind of reasoning opens up a Pandora's box of government authority to regulate private property. The Texas Public Policy Foundation took Yearwood’s case in order to push back, he says. 

“Mr. Yearwood is not engaged in commercial activity," Weldon said. "There is no commercial hook at all. Yet the federal government has come in and said he can’t use his property in the way that he wants because this is somehow a regulation of interstate commercial activity.” 

Williamson County has set aside more than 11 areas for protected habitat for the spider. In addition, Williamson County spends $20,000 a year to control fire ants that could feast on the species. In a separate suit, the Texas Public Policy Foundation is seeking to have the Bone Cave Harvestman removed from the endangered species list.