Monthly Archives: December 2014

Endangered Species Act Year End Roundup: FWS Issues Findings on A Listing Petition and NMFS Issues A Correction

Coming in just under the wire for the New Year, the U.S. Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) published new rules today, making December a very busy month for Endangered Species Act (ESA) listing decisions. Below are the latest items from FWS and NMFS to be published in 2014. December … Continue Reading

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a petition to delist the gnatcatcher may be warranted. (Federal Register PDF).   The petition asserts that the listing of the Coastal California gnatcatcher as … Continue Reading

Federal Court Holds U.S. Fish and Wildlife Service Violated Endangered Species Act by Delisting Gray Wolf in Nine States

The United States District Court for the District of Columbia recently held (pdf) that the U.S. Fish and Wildlife Service (Service) violated the Endangered Species Act (ESA) when it issued a final rule delisting gray wolves in nine states (Final Rule) because the Service’s interpretation of the ESA, particularly its identification of a Distinct Population Segment … Continue Reading

Ninth Circuit Panel Holds NMFS Biological Opinion regarding California Water Projects Passes Legal Muster

As numerous news outlets reported, see L.A. Times and S.F. Chronicle, the United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court and affirming a biological opinion and reasonable and prudent alternative issued by the National Marine Fisheries Service with respect to the continuing operation of the Central Valley Project … Continue Reading

National Marine Fisheries Service Lists Five Species of Sawfish as Endangered

The National Marine Fisheries Service (Service) recently published (pdf) its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA).  The final rule contains the Service’s determination that the narrow sawfish (Anoxypristis cuspidate), dwarf sawfish (Pristis clavata), largetooth sawfish (collectively, Pristis pristis), green sawfish (Pristis zijsron) and the non-U.S. distinct population … Continue Reading

Endangered Species Act Roundup – Three For the Price of One

Although there were some notable downperiods when it came to Endangered Species Act news over the past twelve months, the past few weeks have been anything but slow.  Below are a few of the more recent newsworthy items that have rolled off the presses: December 11, 2014 – U.S. Fish and Wildlife Service issues a final rule listing … Continue Reading

NMFS Publishes Corrected Proposed Critical Habitat Designation for Arctic Ringed Seal

On December 9, 2014, the National Marine Fisheries Service (NMFS) and Secretary of Commerce published a revised proposed rule designating critical habitat for the Arctic Ringed Seal.  The previous proposed rule was published here (and reported on this blog here) on December 3rd.  Citing a clerical error, NMFS withdrew the December 3rd rule, claiming it “contained … Continue Reading

Court Holds Small Business Administration and Farm Service Agency Must Consult on Loan Guarantees

A federal district court in Arkansas recently issued a decision clarifying that the obligation to consult under section 7(a)(2) of the Endangered Species Act (ESA) extends to the Small Business Administration and the Farm Service Agency when they provide loan guarantees to farmers.  The case, Buffalo River Watershed Alliance v. U.S. Dept. of Agriculture, Case … Continue Reading

U.S. Fish and Wildlife Service Releases 2014 Threatened and Endangered Species Candidate List

On December 5, 2014 the U.S. Fish & Wildlife Service (USFWS) released its Fiscal Year 2014 Threatened and Endangered Species Candidate list.  Under the Endangered Species Act (ESA), when the USFWS either receives a petition from a third party to list a species as threatened or endangered, or when the USFWS decides of its own … Continue Reading
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