Header graphic for print
Endangered Species Law and Policy

Tag Archives: Fish & Wildlife Service

Texas Cactus and Three Other Species Proposed for Downlisting or Delisting by U.S. Fish and Wildlife Service

Posted in Delisting, Fish & Wildlife Service, Litigation

On December 28, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), downlisting the species from endangered to threatened under the Endangered Species Act (ESA).  The Service concluded that, while the Cactus is not in danger of extinction, it is likely to… Continue Reading

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

Posted in Conservation, Fish & Wildlife Service

On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program since the program’s establishment in 2009.  Programmatic permits may be sought to authorize eagle take that is associated with, but is not… Continue Reading

Texas Hornshell Mussel Proposed for Listing Under Endangered Species Act

Posted in Fish & Wildlife Service, Listing

On August 10, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule to list the Texas hornshell (Popenaias popeii), a freshwater mussel, as an endangered species under the Endangered Species Act (ESA).  The species has been on the candidate species list for over a decade, and the proposed rule meets a listing… Continue Reading

Circuit Courts Tackle Question of Agency Liability Under the MBTA for Permitting of Wind Energy Facilities

Posted in Court Decisions, Fish & Wildlife Service

On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a right-of-way to a private company to develop and operate a wind energy facility.  Protect Our Communities Foundation v. Jewell,… Continue Reading

Lesser Prairie-Chicken Appeal Abandoned

Posted in Conservation, Fish & Wildlife Service, Listing, Litigation

After filing an appeal with the U.S. Court of Appeals for the Fifth Circuit less than two weeks prior, on May 10, 2016, the U.S. Fish and Wildlife Service (Service) filed an unopposed motion to voluntarily dismiss its appeal of the district court decision that vacated the listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under… Continue Reading

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

Posted in Court Decisions, Fish & Wildlife Service, Listing, Litigation

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North American wolverine (Withdrawal).  The Withdrawal signaled a complete departure from the Service’s February 2013 proposed rule to list… Continue Reading

U.S. Fish and Wildlife Service Designates Critical Habitat for 125 Hawaiian Species

Posted in Critical Habitat, Fish & Wildlife Service

On March 30, 2016, the U.S. Fish and Wildlife Service (“Service”) issued a final rule designating critical habitat for 125 species listed as endangered or threatened under the Endangered Species Act (“ESA”) on the Hawaiian islands of Molokai, Maui, and Kahoolawe.  The rule designated critical habitat for 50 plant and animal species, and revised critical… Continue Reading

Listing Litigation: Courts Rule on Two Permian Basin Species

Posted in Court Decisions, Fish & Wildlife Service, Listing, Litigation

On February 29, 2016, the U.S. District Court for the Western District of Texas rejected the U.S. Fish and Wildlife Service’s (Service) request to reinstate federal Endangered Species Act (ESA) protections for the lesser prairie chicken (Tympanuchus pallidicinctus).  Permian Basin Petrol. Ass ‘n v. Dep ‘t of the Interior, No. 7:14-CV-50 (W.D. Tex. Feb. 29,… Continue Reading

Up For Debate: What’s the Real Cost of Endangered Species Predation?

Posted in Conservation, Fish & Wildlife Service, National Marine Fisheries Service, Sacramento-San Joaquin Delta

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Migratory Bird Treaty Act (MBTA).  The Oversight Hearing is entitled “The Costly Impacts of Predation and Conflicting Federal Statutes on… Continue Reading

U.S. Fish and Wildlife Service Publishes Its Annual Candidate Notice of Review

Posted in Listing

On December 24, 2015, the U.S. Fish and Wildlife Service (Service) released its annual Candidate Notice of Review (CNOR) summarizing the status of species that qualify as candidates for listing under the Endangered Species Act (ESA).  The 2015 CNOR identifies all species designated as candidates and explains the changes to the candidate list from the… Continue Reading

Ninth Circuit Upholds Denial of Motion to Enjoin Klamath Mountains Fire Recovery Project

Posted in Consultation, Court Decisions, Fish & Wildlife Service, Litigation

On December 3, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the District of Oregon’s denial of a preliminary injunction sought by environmental plaintiffs to enjoin the Douglas Fire Complex Recovery Project in Oregon’s Klamath Mountains.  Cascadia Wildlands v. Thrailkill, No. 14-35819 (9th Cir. Dec. 3, 2015).  The… Continue Reading

U.S. Fish and Wildlife Service Issues Updated Guidance to Streamline 90-Day and 12-Month Petition Findings

Posted in Delisting, Fish & Wildlife Service, Listing

On October 27, 2015, the U.S. Fish and Wildlife Service (“Service”) issued a memorandum to the Service Regional Directors announcing new guidance to streamline findings on petitions to list species under the Endangered Species Act (ESA).  The stated purpose of the guidance is to “streamline petition findings while ensuring [the Service] conducts an adequate review… Continue Reading

U.S. Fish and Wildlife Service Issues Proposed Listings and Designates Critical Habitat Pursuant to 2011 Listing Settlement Workplan

Posted in Critical Habitat, Fish & Wildlife Service, Listing

During the last week of its fiscal year, the U.S. Fish and Wildlife Service (“Service”) made several findings under section 4 of the Endangered Species Act (“ESA”) to meet its obligations under the 2011 listing settlement workplan.  Below is a brief summary of these findings. On September 29, 2015, the Service published a proposed rule… Continue Reading

Greater Sage-Grouse Avoids Listing through “Unprecedented” Collaborative Conservation Efforts

Posted in Conservation, Fish & Wildlife Service, Listing

On September 22, 2015, Secretary of the Interior Sally Jewell announced that the greater sage-grouse (Centrocercus urophasianus) does not warrant protection under the Endangered Species Act (ESA).  The Department of the Interior is calling the greater sage-grouse strategy “the largest land conservation effort in U.S. history” and “a 21st-century approach to conservation.”  In reaching its… Continue Reading

Challenge to Emergency Drought Salinity Barrier Thrown Out Due to Lack of Proper Notice

Posted in Court Decisions, Fish & Wildlife Service, Legal, Litigation, Sacramento-San Joaquin Delta

On September 14, 2015, the U.S. District Court for the Eastern District of California granted the state and federal defendants’ motion to dismiss for lack of subject matter jurisdiction.  Center for Environmental Science, Accuracy & Reliability (CESAR) v. Cowin, No. 1:15-cv-00884 (pdf). Plaintiff CESAR claimed that the construction and operation of an emergency drought salinity barrier… Continue Reading

U.S. Fish and Wildlife Service to Survey Habitat Conservation Banks

Posted in Conservation, Fish & Wildlife Service

On July 24, 2015, the U.S. Fish and Wildlife Service (Service) published a notice seeking authorization from the Office of Management and Budget to evaluate habitat conservation banks established under the Endangered Species Act (ESA) through a survey of bank sponsors and managers.  80 Fed. Reg. 44,147.  The Service and the Department of the Interior’s… Continue Reading

Outdated requirement results in continued listing of species determined to be recovered

Posted in Congress, Delisting, Fish & Wildlife Service

The Modoc sucker (Catostomus microps), a small fish with a range limited to northeast California and south-central Oregon, was listed as endangered (pdf) in 1985.  A recovery plan for the species was adopted by the Service in 1992, and in February 2014, the Fish and Wildlife Service proposed the delisting of the species (pdf).  In… Continue Reading

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

Posted in Fish & Wildlife Service, Listing, National Marine Fisheries Service

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

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

Posted in Fish & Wildlife Service, Listing

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

Yellow-Billed Cuckoo Critical Habitat: U.S. Fish & Wildlife Service Sets December 18, 2014 Public Hearing in Sacramento

Posted in Critical Habitat, Fish & Wildlife Service

As we reported in November, the U.S. Fish & Wildlife Service (Service) has been planning to hold a public hearing on the proposal to designate 546,335 acres of critical habitat for the western population of yellow-billed cuckoo (Coccyzus americanus) across nine western states.  The Service recently announced that the public hearing will take place on December… Continue Reading

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

Posted in Conservation, Fish & Wildlife Service, Listing

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

U.S. Fish and Wildlife Service Extends Protection for Canada Lynx

Posted in Conservation, Fish & Wildlife Service, Listing

 On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and revising the boundary of the Canada lynx DPS. The revised critical habitat designation consists of approximately 38,954 square miles of… Continue Reading

U.S. Fish and Wildlife Service is Accepting Comments on Revised Draft Recovery Plan for the Bull Trout.

Posted in Fish & Wildlife Service

Yesterday, the U.S. Fish and Wildlife Service (USFWS) posted a Notice of Availability of the Revised Draft Recovery Plan for the Coterminous United States Population of Bull Trout (pdf). The plan is intended to manage threats and ensure sufficient distribution and abundance of bull trout (Salvelinus confluentus) so that protection under the Endangered Species Act (ESA)… Continue Reading