Archives: Fish & Wildlife Service

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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

Fish and Wildlife Service Moves to Downlist the American Burying Beetle as Threatened, Proposes 4(d) Rule

On May 3, 2019, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule to downlist the American burying beetle (Nicrophorus americanus) from endangered to threatened. The Service also proposed a rule under section 4(d) of the Endangered Species Act (“ESA”) to allow many routine activities to occur within the range of the species, even if they … 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

U.S. Fish and Wildlife Ordered to Take Fresh Look at Petition to Delist Bone Cave Harvestman

On March 28, 2019, a federal judge overturned the U.S. Fish and Wildlife Service’s (“USFWS”) rejection of a petition to delist an endangered karst invertebrate species, the Bone Cave harvestman (Texella reyeisi) (“BCH”), which is known to occur only in central Texas. American Stewards of Liberty and others (“Plaintiffs”) had claimed that USFWS’ rejection of … Continue Reading

U.S. Fish and Wildlife Service Issues Proposed Rule to Delist the Gray Wolf

On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife.  As we reported here, the Service announced its intention to issue the proposed rule earlier this month.  According to the Service, the species’ population has … Continue Reading

Trump Administration Announces Plan to End Gray Wolf Protections

Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered Species Act for the endangered gray wolf (Canis lupus).  Secretary Bernhardt announced the plan at the 84th North American Wildlife & Natural Resources … Continue Reading

Judge Upholds Service’s Denial of Petition to Delist Golden-Cheeked Warbler

On February 6, 2019, a federal judge upheld U.S. Fish and Wildlife Service’s (Service) 90-day finding that a petition to delist the endangered golden-cheeked warbler (Petition) did not present substantial information that delisting the warbler may be warranted (Negative 90-day Finding). In 2015,  various groups and individuals filed the Petition, which, among other things, alleged … Continue Reading

Frogs or Freedom?

Nossaman Environment & Land Use Partner Brooke Wahlberg recently participated in a panel at the Texas Public Policy Foundation’s 2019 Policy Orientation entitled “Frogs or Freedom: Are New Limitations Coming for the Endangered Species Act?”  Ms. Wahlberg’s segment addressed the U.S. Supreme Court’s ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service and how the … 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
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