Monthly Archives: December 2012

District Court Allows Action for ESA Violations to Proceed regarding Naval Operations off the Atlantic Coast

On December 26, 2012, in Strahan v. Roughead (pdf), the United States District Court for the District of Massachusetts denied a motion brought by federal defendants to dismiss as moot plaintiffs’ claims that the Navy is operating vessels in a manner that takes listed whales in violation of section 9 of the Endangered Species Act … Continue Reading

The U.S. Fish and Wildlife Service Proposes to Downlist the Status of the Wood Stork from Endangered to Threatened

On Tuesday, December 18, 2012, the U.S. Fish and Wildlife Service (Service) proposed upgrading the status of the wood stork (Mycteria americana) from endangered to threatened under the Endangered Species Act (ESA).  The proposed change is in response to improvements in the population and habitat of the species based on the best available scientific information. Dan Ashe, Director for the … Continue Reading

Thank you to our readers!

This week endangeredspecieslawandpolicy.com crossed the 100,000 hits threshold.  We thank you, our readers, for your interest in the blog.  We will continue to work to provide timely and informative updates regarding legal and policy developments related to the management and conservation of threatened and endangered species.… Continue Reading

U.S. Fish and Wildlife Service Proposes Listing Four Subspecies of the Mazama Pocket Gopher

On December 11, 2012, the U.S. Fish and Wildlife Service (Service) proposed listing (pdf) four subspecies of the Mazama pocket gopher (Thomomys mazama) as threatened under the Endangered Species Act. The Service also proposed designating 9,234 acres of critical habitat in Thurston and Pierce counties in the state of Washington. The four subspecies proposed for … Continue Reading

Judge Denies Motion to Amend Order Vacating Designation of Slickspot Peppergrass as Threatened under the Endangered Species Act

On December 4, 2012, the U.S. District Court for the District of Idaho denied a request to amend its previous order reversing the U.S. Fish and Wildlife Service’s (Service) 2009 Final Rule listing the slickspot peppergrass (Lepidium papilliferum) as threatened under the Endangered Species Act (ESA).  Plaintiffs sought to reverse the court’s August 2012 decision … Continue Reading

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species Act’s take prohibition by the City and County of San Francisco.  The decision, in Wild Equity Institute v. City and … Continue Reading

The U.S. Fish and Wildlife Service Proposes Listing the Lesser Prairie-Chicken as Threatened

On November 30, 2012, the U.S. Fish and Wildlife Service (Service) issued a proposed rule (pdf) to list the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA).  While voluntary conservation planning efforts are ongoing, the Service decided (pdf) to move forward with the proposed rule based on “scientific evidence that the lesser prairie-chicken and … Continue Reading

NMFS Considers Delisting a Distinct Population Segment of the Southern Resident Killer Whale

On November 26, 2012, the National Marine Fisheries Service (NMFS or the Service) accepted a petition to delist a distinct population segment (DPS) of the Southern Resident killer whales, which is currently listed as endangered under the Endangered Species Act (ESA).  The DPS, estimated to include 88 individuals, was initially listed as endangered under the ESA in 2005.  These … Continue Reading

Court Concludes Balancing is Unnecessary for Critical Habitat Designation, Only Consideration

On November 30, 2012, the United States District Court for the Northern District of California held (pdf) that because the National Marine Fisheries Service had considered the economic impacts of designating certain areas as critical habitat for the threatened green sturgeon (Acipenser medirostris), the Service complied with its obligations under section 4(b) of the Endangered Species Act.  … Continue Reading
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