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Endangered Species Law and Policy

Tag Archives: Fish and Wildlife Service

Ninth Circuit Holds Forest Service Violated ESA by Failing to Reinitiate Consultation for Canada Lynx

Posted in Consultation, Court Decisions, Critical Habitat

On June 17, 2015, the U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Forest Service (Service) violated section 7 of the Endangered Species Act (ESA) by failing to reinitiate consultation with the U.S. Fish and Wildlife Service (FWS) regarding the impacts of a revised critical habitat designation on the Canada lynx… Continue Reading

National Defense Authorization Act Would Restrict Federal Greater Sage-Grouse Protections

Posted in Congress, Fish & Wildlife Service, Legislation

On April 27, 2015, the Chairman of the House Armed Services Committee, released the text (pdf) of the National Defense Authorization Act (Act), including language that would ban the U.S. Fish and Wildlife Service (Service) from issuing its listing decision for the greater sage-grouse (Centrocercus urophasianus) under the Endangered Species Act (ESA) through September 30,… Continue Reading

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

Posted in Delisting, Fish & Wildlife Service

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 District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

Posted in Court Decisions

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species Act’s take prohibition by the City and County of San Francisco.  The decision, in Wild Equity Institute v. City and… Continue Reading

Arizona District Court Dismisses Section 7(a)(1) Challenge to Forest Service

Posted in Consultation, Court Decisions

The United States District Court for the District of Arizona entered summary judgment (pdf) for the United States Forest Service in a case filed by Defenders of Wildlife and other plaintiffs alleging the Forest Service failed to fulfill its duty to conserve under section 7(a)(1) of the Endangered Species Act (ESA).  The case focused on… Continue Reading

Ninth Circuit Determines that Critical Habitat Can be Destroyed Without Meeting Definition of “Adverse Modification”

Posted in Court Decisions, Critical Habitat, Fish & Wildlife Service

The Court of Appeals for the Ninth Circuit upheld the Fish and Wildlife Service’s (“Service’) no “adverse modification” determination despite the fact that the proposed project would destroy some critical habitat. In Butte Environmental Council v. U.S. Army Corps of Engineers (PDF), environmental plaintiffs challenged the Service’s biological opinion finding that a proposed business park… Continue Reading