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Endangered Species Law and Policy

Monthly Archives: December 2013

Endangered Species Act Turns 40

Posted in Regulatory Reform

December 28, 2013 marked the 40th birthday of the Endangered Species Act (ESA), which was signed into law by President Richard Nixon on December 28, 1973. According to Sally Jewell, the Secretary of the Interior: “This landmark law has helped to stop the slide toward extinction of hundreds of species. Along the way, we have… Continue Reading

U.S. Fish and Wildlife Service Denies Listing for Rare Orchid

Posted in Fish & Wildlife Service, Listing

 The U.S. Fish and Wildlife Service (Service) recently announced (pdf) the completion of its status review (pdf) of Coleman’s coralroot (Hexalectris colemanii), a species of orchid found in southeastern Arizona and southwestern New Mexico. The Service determined that listing the orchid as threatened or endangered under the Endangered Species Act (ESA) is not warranted at… Continue Reading

Committee Recommends Delisting Yellowstone Grizzly Bear

Posted in Delisting, Fish & Wildlife Service

Last week, the Interagency Grizzly Bear Committee, a panel consisting of federal, state, local, and tribal representatives, recommended that the U.S. Fish and Wildlife Service (Service) remove the grizzly bear (Ursus arctos horribilis) from the list of threatened and endangered species under the Endangered Species Act (ESA). If the Service agrees, it will initiate the… Continue Reading

U.S. Fish and Wildlife Service Extends Comment Period for Greater Sage-Grouse and Designates Critical Habitat for Franciscan Manzanita

Posted in Fish & Wildlife Service

Today, the U.S. Fish and Wildlife Service ("Service") announced (pdf) the extension of the public comment period on the proposals to list and designate critical habitat for the the Bi-State Distinct Population Segment (DPS) of greater sage-grouse (Centrocercus urophasianus) along the California-Nevada border under the Endangered Species Act, and also announced the designation of approximately 230 acres in San Francisco County… Continue Reading

House Natural Resources Committee Holds Fifth Oversight Hearing on Endangered Species Act

Posted in Regulatory Reform

Last week, the House Natural Resources Committee held its fifth oversight hearing on the Endangered Species Act (ESA). Entitled “ESA Decisions by Closed-Door Settlement: Short-Changing Science, Transparency, Private Property, and State & Local Economies,” the hearing included over a dozen Republican witnesses, with only three Democrats. At the hearing, critics of the ESA urged reform… Continue Reading

U.S. Fish and Wildlife Service Proposes Revised Rule for the Lesser Prairie-Chicken

Posted in Listing

On December 11, 2013, the U.S. Fish and Wildlife Service (Service) issued a revised special rule (pdf) that would provide for a limited exception to the protections currently proposed for the lesser prairie-chicken (Tympanuchus pallidicinctus) under the Endangered Species Act (ESA). The revised special rule incorporates a new five-state rangewide conservation plan for the species,… Continue Reading

Oversight of Pesticide Ingredients May Trigger a Duty to Consult under the Endangered Species Act

Posted in Court Decisions

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293 (pdf), plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin, triggered a duty to consult with the National Marine Fisheries Service about trifluralin’s possible effects on species listed under the Endangered Species Act (ESA). EPA and defendant… Continue Reading

House Natural Resources Committee to Hold Hearing on Department of the Interior’s 2011 Endangered Species Act Settlements

Posted in Congress, Fish & Wildlife Service, Regulatory Reform

On Thursday, December 12, 2013, the House Natural Resources Committee (Committee) will hold a full committee oversight hearing (pdf) titled “ESA Decisions by Closed-Door Settlement: Short-Changing Science, Transparency, Private Property, and State & Local Economies.” This hearing is part of a series of hearings announced by the Committee to review the Endangered Species Act (ESA)… Continue Reading

U.S. Fish and Wildlife Service to Determine Whether to List the Arctic Grayling

Posted in Fish & Wildlife Service

Last week, the U.S. Fish and Wildlife Service (Service) announced (pdf) that it will begin a status review of the upper Missouri River distinct population segment (DPS) of the Arctic grayling (Thymallus arcticus). The status review will allow the Service to determine whether the DPS should be listed as threatened or endangered under the Endangered… Continue Reading

Senate Introduces Bill to Amend Endangered Species Act

Posted in Legislation

A bill (pdf) to amend the Endangered Species Act (ESA)—entitled the Endangered Species Management Self-Determination Act (Bill)—has been introduced in the United States Senate. The Bill, authored by Senators Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.) and by Representative Mark Amodei (R-Nev.), seeks to make two fundamental changes to the ESA: to alter… Continue Reading