Monthly Archives: August 2010

Ninth Circuit Affirms Steelhead Listing Decision that Excludes Resident Rainbow Trout

On August 20, 2010, the United States Court of Appeals for the Ninth Circuit held that the National Marine Fisheries Service ("NMFS") did not violate the law when it omitted resident rainbow trout from the Distinct Population Segment of California Central Valley steelhead ("CV Steelhead"), despite the fact that rainbow trout and steelhead are the same species and can … Continue Reading

Fish and Wildlife Service Determines Listing May be Warranted for Plant Species Endemic to San Francisco Peninsula and Believed Extinct for Over 50 Years

The U.S. Fish and Wildlife Service recently made a 90-day finding (PDF) that a petition to list the plant species Arctostaphylos franciscana presents substantial scientific or commercial information indicating that listing this species may be warranted.  Arctostaphylos franciscana is a low, spreading to ascending evergreen shrub in the heath family that is endemic to the San Francisco peninsula in … Continue Reading

Fish and Wildlife Service Finds Delisting of Stephens’ Kangaroo Rat Not Warranted

The Fish and Wildlife Service announced on August 19, 2010 that it will not be removing the Stephens’ kangaroo rat (Dipodomys stephensi) from the Federal List of Endangered and Threatened Wildlife. This decision constitutes the Service’s 12-month finding (PDF) on a petition submitted by the Riverside County Farm Bureau in 2002 to delist the species as endangered. The … Continue Reading

More Information on Ninth Circuit Decision Rejecting Challenge to Vernal Pool Critical Habitat

We previously announced the Ninth Circuit’s decision in Home Builders Association of Northern California v. United States Fish and Wildlife Service upholding the designation of 858,000 acres of land in California as critical habitat for fifteen vernal pool species under the Endangered Species Act.  For more information regarding this decision, see this article published in the Courthouse … Continue Reading

Ninth Circuit Rejects Challenge to Vernal Pool Critical Habitat; Limits Scope of Economic Impact Analysis

For the second time in two months, the United States Court of Appeals for the Ninth Circuit rejected an industry challenge to a designation of critical habitat under the Endangered Species Act (“ESA”).  In Home Builders Association of Northern California v. United States Fish and Wildlife Service (PDF), the court upheld the designation of 858,000 … Continue Reading

Court Sets Aside Rule Delisting Gray Wolf

The United States District Court for the District of Montana issued a decision (PDF) setting aside the 2009 Final Rule (PDF) that delisted the distinct population segment (DPS) of the gray wolf in the Northern Rocky Mountains, except in Wyoming.  The court found that the Endangered Species Act (ESA) does not allow the Fish and Wildlife … Continue Reading

Fish and Wildlife Service Lists Five Species of Penguin as Threatened

In compliance with a settlement agreement previously blogged about here, the Fish and Wildlife Service published a final rule on August 3, 2010 listing five species of penguins as "threatened" under the Endangered Species Act.  Specifically, the Service determined that the yellow-eyed, white-flippered, Fiordland crested, Humboldt, and erect-crested penguins are likely to become in danger … Continue Reading

The Federal Government Loses Another Round in the Litigation over Fire Suppression on Forest Service Lands

The United States District Court for the District of Montana issued a decision (PDF) on July 27, 2010, in which it held that the Forest Service violated the National Environmental Policy Act (NEPA) and the Fish and Wildlife Service and National Marine Fisheries Service violated the Endangered Species Act (ESA) when those agencies issued an … Continue Reading
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