Posts from August 2013
Posted in Litigation

In a recently issued press release, the Center for Biological Diversity (CBD) announced that it and the U.S. Fish and Wildlife Service had entered into two settlement agreements that would increase protection for the Mexican gray wolf (Canis lupus baileyi) in Arizona and New Mexico.  The press release states that under the two agreements the Fish and Wildlife Service will increase the wolf's recovery territory, stop capturing wolves entering the two states from Mexico, and finalize a rule to allow direct release of Mexican gray wolves into New Mexico.  Under one of the ...

Posted in Listing

The U.S. Fish and Wildlife Service (Service) has proposed (pdf) listing the Oregon spotted frog (Rana pretiosa) as a threatened species under the Endangered Species Act (ESA).  In addition, the Service has proposed (pdf) designating over 68,000 acres throughout Washington and Oregon as critical habitat for the species.

The Service cited ongoing habitat destruction as the primary threat to the Oregon spotted frog.  Once ranging from British Columbia to northern California, the Oregon spotted frog's historic range has declined by as much as 90 percent due to the filling of ...

Twitter Facebook LinkedIn
Tags: Listing

On August 28, 2013, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a final rule (pdf) adopting an incremental approach to preparing an economic impact analysis required for a critical habitat designation under the Endangered Species Act (ESA). As a practical matter, this assessment will primarily consist of analyzing the cost of the time other federal agencies must take to consult with the wildlife agencies before authorizing activities within critical habitat. The analysis will largely ignore the underlying costs of listing a ...

On August 22, 2013, U.S. Representative Cynthia Lummis (R-Wyo) and the Chairman of the House Natural Resources Committee, Doc Hastings (R-Wash), announced that the Congressional Endangered Species Act (ESA) Working Group will be holding field hearings in Casper, Wyoming and Billings, Montana to find ways to improve the ESA for both species and people. The hearings, entitled State and Local Efforts to Protect Species, Jobs, Property and Multiple Use Amidst a New War on the West, will focus on efforts to preserve wildlife while maintaining jobs in agriculture, energy, and ...

On August 19, 2013, the U.S. Fish and Wildlife Service (Service) announced (pdf) its decision to list the Austin blind salamander (Eurycea waterlooensis) as endangered and the Jollyville Plateau salamander (Eurycea tonkawae) as threatened under the Endangered Species Act (ESA). While the Service’s proposed listing of the two species designated both as endangered, the Service’s final rule (pdf) lists the Jollyville Plateau salamander as threatened based on new information received since publication of the listing proposal.

In conjunction with listing the two species ...

Posted in Listing

On August 12, 2013, the National Marine Fisheries Service refused to list the alewife herring (Alosa pseudoharengus) and blueback herring (Alosa aestivalis), concluding that based on the best scientific and commercial data available, neither species warranted protection under the Endangered Species Act.  The determinationn was in response to a petition submitted by the Natural Resources Defense Council.  The news was not all bad for the herring, however, as the National Marine Fisheries Service also stated that it will be working with the Atlantic States Marines ...

Posted in Listing

The U.S. Fish and Wildlife Service (Service) has proposed (pdf) listing the Graham’s beardtongue (Penstemon grahamii) and White River beardtongue (Penstemon scariosus albifluvis) as endangered species under the Endangered Species Act. In addition, the Service has proposed designating a combined 83,000 acres in Uintah County, Utah as critical habitat for the rare plants.

The two beardtongue species are endemic to oil shale soils, and grow mostly on the Mahogany Ledge in northeast Utah, an area rich in oil shale deposits. The Service has cited oil and gas exploration and ...

Twitter Facebook LinkedIn
Tags: Listing
Posted in Listing

On August 2, 2013, the U.S. Fish and Wildlife Service (Service) proposed (pdf) listing Webber’s ivesia (Ivesia webberi) as a threatened species under the Endangered Species Act (ESA). The Service also proposed (pdf) designating approximately 2,011 acres of critical habitat for the species in Plumas, Lassen, and Sierra Counties in northeastern California, and Washoe and Douglas Counties in northwestern Nevada.

Webber’s ivesia is a low, spreading, perennial forb in the rose family with grayish-green foliage, wiry stems, and clusters of small, yellow flowers. The species ...

Twitter Facebook LinkedIn
Tags: Listing

Yesterday, the National Marine Fisheries Service issued a notice of proposed rule to designate approximately 1,184 square miles of marine habitat in the Puget Sound as critical habitat for the threatened distinct population segment of yelloweye rockfish (Sebastes ruberriums), the threatened distinct population segment of canary rockfish (Sebastes pinniger), and the endangered distinct population segment of bocaccio (Sebastes paucispinus).  The notice states that comments on the proposed rule are due on November 4, 2013, and requests for public hearing must be made in ...

On July 22, 2013, the U.S. District Court for the Western District of Washington held (pdf) that plaintiffs’ claims regarding the U.S. Fish and Wildlife Service’s (Service) alleged violation of section 10 of the Endangered Species Act (ESA) were not subject to the 60 day notice of intent to sue (NOI) requirement.

In 1997, the Washington Department of Natural Resources (DNR) adopted a habitat conservation plan to govern logging in the forests of southwest Washington.  The marbled murrelet (Brachyramphus marmoratus) is one of a number of endangered and threatened species covered ...

The National Marine Fisheries Service (NMFS) recently issued a proposed rule (pdf) designating critical habitat for the Northwest Atlantic Ocean loggerhead sea turtle Distinct Population Segment (DPS) (Caretta caretta) within the Atlantic Ocean and the Gulf of Mexico. The 36 marine areas proposed for designation as critical habitat contain one or a combination of nearshore reproductive habitat, winter habitat, breeding areas, and migratory corridors.

The loggerhead sea turtle was listed worldwide as a threatened species under the Endangered Species Act (ESA) on July 28 ...

Posted in Congress

Yesterday, the House Committee on Natural Resources held a second hearing regarding implementation and impacts of the Endangered Species Act.  Today's hearing was titled: Transparency and Sound Science Gone Extinct?: The impacts of the Obama Administration's Closed-Door Settlement on Endangered Species and People.  In a summary description issued before the hearing, the Committee stated that it anticipated the hearing would "highlight how the lack of data transparency is leading to increased numbers of species being listed and critical habitat being ...

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.

Stay Connected

RSS RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.