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Endangered Species Law and Policy

Tag Archives: Service

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

Posted in Critical Habitat, Fish & Wildlife Service, Uncategorized

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 occidentalis) in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah and Wyoming.  The announcement came after 17 members of Congress requested… Continue Reading

Service Proposes to List Fisher DPS As Threatened

Posted in Listing

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 & Wildlife Service Nixes Proposed Delisting of Central Valley Beetle Species

Posted in Delisting

On September 17, 2014, the U.S. Fish and Wildlife Service (Service) withdrew (pdf) its proposal (pdf) to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Threatened and Endangered Species.  While this means the beetle will continue to be protected as a threatened species under the Endangered Species Act (ESA), the… Continue Reading

Court Reluctantly Upholds Designation of Critial Habitat for Frog

Posted in Court Decisions

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

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

Posted in Consultation, Litigation

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

D.C. District Court Holds Pre-Violation Notice Ineffective

Posted in Court Decisions

On June 23, 2014, the United States District Court for the District of Columbia affirmed the strict application of the Endangered Species Act’s (ESA) pre-litigation notice requirements, dismissing a lawsuit alleging that the U.S. Fish & Wildlife Service (Service) failed to timely act on a number of listing petitions because the violations stated in the… Continue Reading

After More Than Five Years, Proposed Rule to Delist Hawaiian Hawk Reopened for Comment

Posted in Delisting

In August 2008, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to delist the Hawaiian hawk (Buteo solitarius), also referred to as the io, from the federal list of endangered or threatened species.  The proposed rule states that the proposed action is "based on a thorough review of the best available scientific data, which indicates that… Continue Reading

With the Conclusion of the Shutdown, the U.S. Fish and Wildlife Service Gets Back to Work

Posted in Listing

Getting back into the swing of things, earlier today the U.S. Fish and Wildlife Service determined that the eastern small-footed bat (Myotis leibii) does not warrant listing at this time, and commented on its proposal to list the northern long-eared bat (Myotis septentrionalis) (pdf) as endangered under the Endangered Species Act.  The notice issued by the Service… Continue Reading

Impacts of Government Shutdown on Endangered Species

Posted in Fish & Wildlife Service

As reported earlier today by Emily Yehle of Greenwire, if the U.S. Government fails to avoid a government shutdown before tomorrow, a number of federal agencies, including the U.S. Environmental Protection Agency and U.S. Department of the Interior are planning to "pull the plug on their online presence."  (E&ENewsPM, Sept. 30, 2013).  You may ask, what… Continue Reading

Court Enjoins “Salvage Harvest” Project in Area Scorched by the Mill Fire

Posted in Consultation, Court Decisions

In 2012, the Mill Fire burned almost 30,000 acres in California, destroying large areas of forest, including threatened Northern spotted owl (Strix occidentalis caurina) habitat.  Even after the Mill Fire was finally snuffed out, it continued to have a lasting impact on the environment, as the fire created hazardous conditions along roads and trails used by the public and the National Park Service…. Continue Reading

Extra Record Evidence Saves Forest Service From Section 7(d) Violation

Posted in Court Decisions

Late last month, the United States District Court for the District of Idaho denied preliminary injunctive relief in an Endangered Species Act case against the Fish and Wildlife Service (FWS) and Forest Service, even though it found that "the required rational connection was not made in the [section] 7(d) determination," because declarations submitted to the… Continue Reading

Designated Critical Habitat for Southwestern Willow Flycatcher Almost Doubled

Posted in Critical Habitat

On January 2, 2013, the U.S. Fish and Wildlife Service (Service) issued a final rule increasing the critical habitat designated for the southwestern willow flycatcher (pdf) (Empidonax traillii extimus).  The flycatcher is a small migratory bird (approximately 6 inches long) that nests in dense riparian habitats along streams, lakesides, and other wetlands.  The Service listed the flycatcher as… Continue Reading

Congressman Markey Issues Sharp Criticisms of Draft Interpretation of “Endangered” and “Threatened” Species

Posted in Congress, Delisting, Fish & Wildlife Service, Listing

As previously blogged about here, on December 9, 2011, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) published a notice of proposed rulemaking (PDF) in the Federal Register that will, if adopted, change the Services’ standards for listing and delisting species as threatened or endangered under the Endangered Species Act (ESA) by… Continue Reading