Endangered Species Law & Policy

On April 11, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the bracted twistflower (Streptanthus bracteatus), a wildflower native to Texas, as threatened with a rule issued under section 4(d) of the Endangered Species Act (ESA). The Service also finalized a critical habitat designation for the species spanning approximately 1,596 acres in the Texas counties of Uvalde, Medina, Bexar, and Travis. The critical habitat designation consists of almost entirely public land, with the exception of approximately 63 acres of privately owned land (however ...

On April 3, the U.S. Fish and Wildlife Service (Service) rejected a petition filed by a group of environmental organizations under section 4(e) of the Endangered Species Act (ESA) to list the coyote (Canis latrans) as an endangered species due to its similarity of appearance to the endangered Mexican wolf (C. lupus baileyi). Section 4(e) of the ESA gives the Service the ability to list a species on the basis that its “similarity of appearance” to an endangered or threatened species imperils the protected species’ survival and recovery.

In the petition, the environmental ...

Last week, the U.S. District Court for the District of Columbia issued a ruling allowing the Center for Biological Diversity (CBD) to continue pursuing its large Endangered Species Act (ESA) lawsuit against the U.S. Fish and Wildlife Service (Service) and the Department of the Interior.

The underlying lawsuit, filed in 2019, alleges that the Service violated the ESA by failing to timely publish 12-month findings on nearly 200 listing petitions, final listing determinations for six species, and designations of critical habitat for four species.  In response, the Service filed a ...

Recently, the United States District Court for the Northern District of California refused to dismiss a lawsuit filed by a concerned citizen against the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries Service (NMFS) alleging Endangered Species Act (ESA) violations in connection with the Corps’ operation of the Coyote Valley Dam on the Russian River in Northern California. The court opined that federal defendants cannot avoid having to defend their prior actions simply by initiating the consultation process under section 7(a)(2) of the ESA, and the equities ...

On March 9, the U.S. Fish and Wildlife Service (Service) issued its 12-month finding that listing Joshua trees (Yucca brevifolia and Y. jaegeriana) as endangered or threatened species under the Endangered Species Act (ESA) is not warranted. The 12-month finding was made to comply with a September 20, 2021 court-ordered remand of the Service’s previous “not warranted” finding in August 2019.

In September 2015, WildEarth Guardians submitted a petition to list the Joshua trees as threatened and, if applicable, designate critical habitat for the species. The Service issued ...

On February 28, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing Species Status Assessments (SSAs) as a tool to facilitate implementation of the federal Endangered Species Act (ESA). The U.S. Fish and Wildlife Service (Service) describes the SSA framework as “an analytical approach developed . . . to deliver foundational science for informing all [ESA] decisions.” The Service has explained it intends SSAs to provide “focused, repeatable, and rigorous scientific assessment” that results in ...

On February 23, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list two distinct population segments (DPSs) of the California spotted owl (Strix occidentalis) as endangered and threatened species under the Endangered Species Act (ESA). The two DPSs are the Coastal-Southern California DPS, which the Service proposes to list as endangered, and the Sierra Nevada DPS, which the Service proposes to list as threatened with a rule issued under section 4(d) of the ESA (4(d) rule). The proposed rule also serves as the Service’s 12-month finding on a petition to list ...

On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, and the Yurok Tribe, in holding that an order governing Reclamation’s operation of Upper Klamath Lake (UKL) from the Oregon Water Resources Department (OWRD) is preempted by the Endangered Species Act (ESA). The order, issued in the midst of a recent drought to meet the needs of irrigators, mandated Reclamation to “immediately preclude or ...

On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10.

If finalized, the regulations would do away with the distinction between candidate conservation agreements with assurances and safe harbor agreements, clarify that incidental take permits no longer need to have a federally listed species as the “lead” species, codify aspects of the agency’s five-point policy that provide detail on the necessary ...

This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Bald and Golden Eagle Protection Act (BGEPA), Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens), Lacey Act, National Marine Sanctuaries Act (NMSA), and others.

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires federal agencies to adjust ...