Posts from September 2012
Posted in Listing

In 2011, the U.S. Fish and Wildlife Service (Service) reached a settlement agreement with environmental groups in which it agreed to make final listing decisions on over 200 species over the next six years. Last month, we noted that the national effects of this settlement agreement had yet to be fully discerned.  (See Signs of Trouble Ahead?)  Today, its effects became a little clearer as the Service issued a proposed rule to list the Mount Charleston blue butterfly (Icaricia shasta charlestonensis) as an endangered specie.  In addition, the Service intends to list as threatened ...

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Tags: Listing
Posted in Listing

On September 17, 2012, the U.S. Fish and Wildlife Service announced (pdf) that it had issued a final rule listing 23 species native to the Hawaiian island of Oahu as threatened or endangered under the Endangered Species Act.  The species include 20 plants and three damselflies. The rule follows a legal settlement with the Center for Biological Diversity that required the agency to make determinations with respect to 757 species, including 17 of the 23 Oahu species granted protection.  At the same time it issued the listing determinations, the Service designated 42,804 acres (or ...

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Tags: Listing
Posted in Listing

On September 4, 2012, the San Francisco Chronicle reported that the U.S. Fish and Wildlife Service will issue a final rule today listing the Franciscan manzanita (Arctostaphylos franciscana) as an endangered species under the Federal Endangered Species Act.  (See article by Peter Fimrite).  The Chronicle also reported that the Service proposes to designate more than 300 acres of critical habitat in San Francisco for the plant.  The proposed critical habitat includes areas in Presidio, Corona Heights, Twin Peaks, Mount Davidson, Diamond Heights, Bernal Heights, and Bayview ...

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Tags: Listing
Posted in Court Decisions

 In a 2-1 decision (pdf), the United States Court of Appeals for the District of Columbia Circuit recently upheld the decision of the Fish and Wildlife Service to delist the West Virginia northern flying squirrel (Glaucomys sabrinus fuscus). The lower court held that the Service violated the Endangered Species Act (ESA) by removing the species from the list of endangered and threatened species despite the fact that several Recovery Plan Criteria had not been satisfied. In its decision, the D.C. Circuit held that [a] plan is a statement of intention, not a contract, and that [i]f the plan ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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