Archives: Fish & Wildlife Service

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Federal Court Finds That U.S. Fish and Wildlife Service’s Management of Reintroduced Red Wolves Violated Endangered Species Act

On November 4, 2018, the U.S. District Court for the Eastern District of North Carolina granted summary judgment in favor of conservation organizations Red Wolf Coalition, Defenders of Wildlife, and Animal Welfare Institute in a case challenging the U.S. Fish and Wildlife Service’s (FWS) administration of the recovery program for endangered red wolves (Canis rufus). … Continue Reading

U.S. Supreme Court Passes on Otter Case with Chevron Implications

Yesterday, the U.S. Supreme Court denied certiorari in California Sea Urchin Commission v. Combs (“Combs”), Docket No. 17-1636, an appeal from a Ninth Circuit decision regarding endangered Southern sea otters (Enhydra lutris nereis) and deference to the decisions of the U.S. Fish and Wildlife Service (“Service”).  As we reported here last month, the case was … Continue Reading

Endangered Species Act Litigation Round-Up

The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA): In Crown Indian Tribe v. United States, CV 17-89-M-DLC, the U.S. District Court for the District of Montana vacated (pdf) a June 30, 2017 final rule issued by the U.S. Fish and Wildlife … Continue Reading

Proposed ESA Regulatory Revisions Spark Last Minute Comment Flurry

As we reported here, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently proposed revisions to the regulations that implement portions of the Endangered Species Act (“ESA”). The submission deadline for comments was September 24, 2018.  If enacted, the Services assert that the proposed revisions would, among other … Continue Reading

Endangered Species Case Sparks Chevron Deference Debate

As the U.S. Supreme Court prepares for its upcoming October 2018 term, one petition concerning an endangered sea otter relocation program is attracting a lot of attention as a potential vehicle for the Court to consider the broader issue of Chevron deference, the legal doctrine that requires courts to defer to an agency’s reasonable interpretation … Continue Reading

Agencies and Lawmakers Seek ESA Reform

In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. Lawmakers from the Congressional Western Caucus introduced nine bills that would, according to the 15 legislators that introduced the bills, amend and modernize the ESA.  The lawmakers assert that the bills would also incentivize … Continue Reading

Senator Barrasso Continues Efforts to Modernize the Endangered Species Act

The most comprehensive Endangered Species Act (“ESA”) bill of this Congressional session made its debut on July 2, 2018 when Senator John Barrasso (R-Wyo.), Chairman of the Senate Environment and Public Works (“EPW”) Committee, released a discussion draft of a bill proposing sweeping revisions to the ESA.  The discussion draft is a culmination of activity … Continue Reading

U.S. Fish & Wildlife Service Announces Initiation of 5-Year Status Review for 50 Species

On Monday, June 18, 2018, the U.S. Fish and Wildlife Service (“FWS”) announced that it has initiated five year status reviews for fifty species in California, Nevada, and the Klamath Basin of Oregon, pursuant to the Endangered Species Act (“ESA”).  Included among the species whose ESA listing status is being reviewed are 19 animal species, … Continue Reading

Bill to Consolidate Endangered Species Act Oversight Advances Out of Committee

On May 16, 2018, the House Committee on Natural Resources passed six bills, including the Federally Integrated Species Health Act (H.R. 3916).  H.R. 3916 is sponsored by Representative Ken Calvert, a Republican representing the 42nd Congressional District in California.  The bill proposes to amend the federal Endangered Species Act to vest the Secretary of Interior with Endangered … Continue Reading
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