Monthly Archives: August 2014

District Court Rules Grizzly Bears Trump Montana’s Plan to Log Forest Lands to Fund Schools

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended the associated Endangered Species Act Section 10(a)(1)(B) Permit(Permit) for incidental take of the threatened grizzly bear.  Friends of the Wild Swan v. Jewell, … Continue Reading

ABA Endangered Species Committee Releases Newsletter

The Endangered Species Committee within the American Bar Association’s Section on Environment, Energy, and Resources recently released its periodic Endangered Species Committee Newsletter (pdf).  The newsletter includes articles regarding efforts to address climate change impacts on listed species through assessment of impacts of carbon dioxide versus mercury emissions, the implications of comprehensive listing deadline settlements, … Continue Reading

Court Reluctantly Upholds Designation of Critical Habitat for Frog

Last week, the United States District Court for the Eastern District of Louisiana upheld the designation of approximately 1,544 acres of privately-owned timber land located in Louisiana as critical habitat for the dusky gopher frog (Rana sevosa), concluding that even though the frog was last spotted on the property in the 1960s and the only known wild populations of the frog are all located … Continue Reading

U.S. Fish and Wildlife Service Declines to List Missouri River Trout Population

On August 20, 2014, the U.S. Fish and Wildlife Service (Service) declined to list (pdf) the Upper Missouri River Distinct Population Segment of the Arctic Grayling (Thymallus arcticus) as threatened or endangered under the Endangered Species Act. According to the Service, ongoing conservation efforts initiated by private landowners and federal and state officials have worked … Continue Reading

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS (pdf), plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to initiate and reinitiate consultation with the National Marine Fisheries and U.S. Fish and Wildlife Service with respect to its ongoing oversight of 382 active … Continue Reading

California District Court Dismisses ESA Section 7 Case for Failure to Allege that Agency Action Took Place on the “High Seas”

On August 12, a judge for the Northern District of California granted (pdf) a motion to dismiss claims alleging that a federal agency violated section 7 of the Endangered Species Act (ESA) by failing to consult with federal wildlife agencies concerning the potential effects of its actions on listed species in the Great Barrier Reef. … Continue Reading

U.S. Fish and Wildlife Service Withdraws Proposal to List North American Wolverine as Threatened

 The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to withdraw the listing proposal followed the consensus recommendation of the Service’s three Regional Directors for the regions encompassing the wolverine’s … Continue Reading

Recent Ninth Circuit ESA Decision May Be Headed to the U.S. Supreme Court.

On July 14, Glenn-Colusa Irrigation District (GCID) filed a petition for writ of certiorari (pdf) with the U.S. Supreme Court, seeking review of the Ninth Circuit’s decision in Glenn-Colusa Irrigation District v. Natural Resources Defense Council, 749 F.3d 776 (9th Cir. 2014). In an en banc decision, the Ninth Circuit found that a U.S. Bureau of … Continue Reading

Forest Service Agrees to Initiate Consultation regarding Fuels Reduction Project at Upper Echo Lake south of Lake Tahoe and Halt Activity Pending Consultation

The United States District Court for the Eastern District of California recently signed an order on a stipulation (pdf) in Murphy v. United States Forest Service that bars the Forest Service from proceeding with implementation of the Upper Echo Lake Hazardous Fuels Reduction Project in 2014 (Project), and requires the Forest Service to consult with the U.S. Fish and … Continue Reading
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