Monthly Archives: June 2014

U.S. Fish and Wildlife Service Considers Listing the Humboldt Marten

 The U.S. Fish and Wildlife Service (Service) recently announced that it will be conducting a 12-month status review for the Humboldt marten (Martes americana humboldtensis) to determine whether to list the species as threatened or endangered under the Endangered Species Act (ESA). The Service’s notice (pdf) requests information on the Humboldt marten, and notes the … Continue Reading

USFWS and NMFS Issue Joint Policy Interpreting ESA Listing Criteria

Today, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service issued their final interpretation of the phrase "significant portion of its range" for the purposes of applying the Endangered Species Act (ESA).  This phrase plays a key role in the listing and delisting of species, as it appears in the ESA’s definition of "endangered species" and "threatened species."  Specifically, under the ESA, … Continue Reading

D.C. District Court Holds Pre-Violation Notice Ineffective

On June 23, 2014, the United States District Court for the District of Columbia affirmed the strict application of the Endangered Species Act’s (ESA) pre-litigation notice requirements, dismissing a lawsuit alleging that the U.S. Fish & Wildlife Service (Service) failed to timely act on a number of listing petitions because the violations stated in the … Continue Reading

Conservation Groups Continue to File ESA Lawsuits

Despite landmark settlements requiring the U.S. Fish and Wildlife Service (Service) to review the status of hundreds of species currently listed as candidate species under the Endangered Species Act (ESA), conservation groups continue to file lawsuits to force listing decisions. For example, the Center for Biological Diversity (CBD) recently filed suit in an effort to … Continue Reading

State Governors Urge the Federal Government to Defer to State Conservation Efforts When Deciding Whether to List a Species Under the Endangered Species Act

Last week, the bipartisan Western Governors’ Association (WGA) adopted a resolution urging the federal government to defer to state conservation efforts and to prioritize funding to avoid new listings under the federal Endangered Species Act (ESA). The resolution (pdf) calls for state conservation plans to “give rise to a regulatory presumption by federal agencies that an … Continue Reading

Petition to Delist California Gnatcatcher Filed

Citing new genetic evidence that the coastal California gnatcatcher is not a distinct subspecies as previously claimed, but is part of a single, healthy and abundant species that ranges from Southern California to the southern tip of Baja, Mexico, the National Association of Home Builders and several other parties filed a petition to remove the … Continue Reading

California Fish and Game Commission Votes to List the Gray Wolf as Endangered

In a split decision and contrary to the recommendation of the Department of Fish and Wildlife (Department), the California Fish and Game Commission (Commission) voted to list the gray wolf (Canis lupis) as endangered. The decision was lauded by representatives of environmental groups but opposed by representatives of farming and ranching interests. It affirms the willingness of … Continue Reading

Rose That Calls California and Nevada Home Listed as Threatened

On June 2, 2014, the U.S. Fish and Wildlife Service (Service) announced the listing of the Webber’s ivesia (Ivesia webberi) as a threatened species under the Endangered Species Act, and the designation of 2,170 acres of critical habitat in Plumas, Lassen, and Sierra Counties in northeastern California, and in Washoe and Douglas Counties in northwestern … Continue Reading
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