Monthly Archives: October 2014

Court Affirms FEMA’s Efforts to Implement Actions to Avoid Jeopardizing Listed Species

On October 23rd the Federal District Court for the Western District of Washington upheld the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program’s (NFIP) compliance with a 2008 reasonable and prudent alternative (RPA) stemming from previous litigation.  The National Wildlife Federation initially challenged the program for its impacts on endangered Pacific Northwest Chinook salmon, … Continue Reading

U.S. Fish and Wildlife Service Proposes to List African Lions as Threatened

The U.S. Fish and Wildlife Service (Service) recently announced that it is proposing to list the African lion (Pantera leo leo) as threatened under the Endangered Species Act (ESA). The proposed listing is the result of a 2011 petition to list the species as endangered. In the Service’s 12-month finding on that petition, the Service … Continue Reading

U.S. Fish and Wildlife Service Lists One Midwestern Butterfly as Threatened, Another as Endangered

On October 24, the U.S. Fish and Wildlife Service (Service) published a final rule listing the Dakota skipper (Hesperia dacotae) as a threatened species and the Poweshiek skipperling (Oarisma poweshiek) as an endangered species under the Endangered Species Act.  The Dakota skipper is found in Minnesota, North Dakota, South Dakota, Manitoba and Sasketchewan, and that … Continue Reading

U.S. Fish and Wildlife Service Re-Opens Comment Period for Cuckoo Under Pressure from Congress

Yesterday, the U.S. Fish and Wildlife Service (Service) announced that it will re-open the public comment period on its proposal to designate 546,335 acres of critical habitat for the western population of yellow-billed cuckoo (Coccyzus americanus) in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah and Wyoming.  The announcement came after 17 members of Congress requested that … Continue Reading

Two Petitions Filed Seeking Supreme Court Review of Ninth Circuit Decision in Delta Smelt Case

Recently, two separate petitions were filed with the U.S. Supreme Court seeking review of the Ninth Circuit’s decision in San Luis and Delta Mendota Water Authority v. Jewell, a case involving a challenge to the biological opinion and reasonable and prudent alternative issued by the U.S. Fish and Wildlife Service regarding continuing operations of the … Continue Reading

U.S. Fish and Wildlife Service Proposes to List 23 Mariana Island Species as Threatened or Endangered

The U.S. Fish and Wildlife Service (Service) has published (pdf) a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as endangered, twelve are plant species and nine are animal species. The two proposed threatened species … Continue Reading

Service Proposes to List Fisher DPS As Threatened

On October 6, the U.S. Fish and Wildlife Service (Service) issued a news release (pdf) announcing its proposal to list the West Coast Distinct Population Segment (West Coast DPS) of fisher (Pekanian pennanti) as threatened under the Federal Endangered Species Act (ESA), in part due to significant threats from illegal marijuana farming.  The fisher belongs to a family … Continue Reading

U.S. Fish and Wildlife Service Lists Western Yellow-Billed Cuckoo as Threatened

Last Friday, the U.S. Fish and Wildlife Service (Service) published its final rule listing the western yellow-billed cuckoo (Coccyzus americanus) as threatened under the Endangered Species Act (ESA). The species is an insect-eating bird found in riparian woodland habitat. The final rule lists loss of riparian habitat as the primary threat to the species and … Continue Reading

Federal Court Agrees: Voluntary Conservation Agreements Sufficient to Keep Lizard Off the Endangered Species List

On September 30, 2014, the U.S. District Court for the District of Columbia upheld (PDF) the U.S. Fish and Wildlife Service’s (Service) decision to withdraw (PDF) its proposal to list the dunes sagebrush lizard as an endangered species.  The Service found that threats to the lizard and its habitat have been reduced such that the … Continue Reading
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