Archives: Conservation

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Settlement Eliminates 1,500 Acres of Designated Dusky Gopher Frog Critical Habitat

The U.S. Fish and Wildlife Service (Service) and a group of landowners recently settled long-running litigation regarding the Service’s designation of approximately 1,500 acres of private land as critical habitat for the dusky gopher frog (Rana sevosa).  The Service designated the private land in Louisiana as critical habitat in 2012.  Weyerhaeuser Co. and local landowners … Continue Reading

FWS Moves To Add Quantitative Measures To Recovery Plans

In its newly-released proposed recovery plan for the Desert pupfish (Cyprinodon macularius), the U.S. Fish and Wildlife Service (“Service”) has put into action its internal plan to add quantitative criteria to recovery plans.  The pupfish recovery plan, originally adopted in 1993, contained only qualitative criteria when adopted.  In its proposed revisions to the pupfish’s recovery … Continue Reading

Environmental Groups Seek Protection for Mountain Lions in Southern California

The Center for Biological Diversity and Mountain Lion Foundation submitted a petition to the California Fish and Game Commission (the “Commission”) to list mountain lions (Puma concolor) in southern and central California as threatened or endangered pursuant to the California Endangered Species Act.  The petition identifies habitat loss and fragmentation, due to roads and development, … Continue Reading

Fish and Game Commission Adds Four Bumble Bees to Candidate List

On June 12, 2019, the California Fish and Game Commission (Commission) voted 3-1 that listing four subspecies of bumble bee may be warranted under the California Endangered Species Act (CESA).​  The decision was made after the Xerces Society, Center for Food Safety, and Defenders of Wildlife filed a petition to list the Crotch bumble bee (Bombus crotchii), Franklin’s … Continue Reading

FWS Proposes Listing “Madtom” and “Waterdog”

On May 22, 2019, the U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent litigation from environmental organizations to list over 400 aquatic species found in the … Continue Reading

Environmental Groups’ NEPA Challenge to USDA Wolf Killing Survives

On April 23, 2019, the U.S. Court of Appeals for the Ninth Circuit found that environmental groups have standing to challenge the federal government’s killing of gray wolves in Idaho without conducting additional analysis under the National Environmental Policy Act (“NEPA”). Western Watersheds Project et al. v. Grimm, No. 18-35075 (9th Cir. 2019). Environmental groups brought an … Continue Reading

Endangered Species Act Spring Round Up

Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species (which we covered here), the U.S. Fish and Wildlife Service (“Service”) has made a few other moves related to the Endangered Species Act (“ESA”). On Monday, April 8, 2019, the Service published a … Continue Reading

USFWS Announces Plans to Revise Hundreds of ESA Recovery Plans

On January 31, 2019, the U.S. Fish and Wildlife Service (USFWS) announced plans to amend up to 182 Endangered Species Act (ESA) recovery plans, which potentially cover over 305 animal and plant species, over the next year. These amendments will revise each recovery plan to include “quantitative recovery criteria” as part of the Department of … Continue Reading

Gray Wolf Listing Under California Endangered Species Act Upheld in California Superior Court

On January 28, 2019, the Superior Court for San Diego County upheld the California Fish and Game Commission’s (“Commission”) 2015 decision to list the gray wolf (canis lupus) under the California Endangered Species Act (“CESA”). (Cal. Cattlemen’s Assn. v. Cal. Fish & Game Com. (Super. Ct. San Diego County, 2019, No. 37-2017-00003866-CU-MC-CTL).) CESA defines an “endangered species” … Continue Reading
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