On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis).  According to the Service, the Greater Yellowstone Ecosystem Distinct Population Segment (Yellowstone DPS) of the grizzly bear has recovered to the point that federal protections are no longer necessary and overall management of the species can be returned to the states and tribes.

The Yellowstone DPS consists of grizzlies in portions of northwestern Wyoming, southwestern ...

Earlier this week, the U.S. Fish & Wildlife Service (Service) issued a notice in the Federal Register that it was reopening the comment period on five proposed rules for four plant species.  Specifically, the proposed rules include the following: (1) listing Guadalupe fescue (Festuca ligulata) as an endangered species; (2) designating Guadalupe fescue critical habitat; (3) reclassifying Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii) from endangered to threatened; (4) reclassifying Kuenzler hedgehog cactus (Echinocereus fendleri var.

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled Greater Sage-Grouse Conservation and Cooperation with Western States.  This Order initiates the assessment of both federal and state-led conservation efforts related to the greater sage-grouse and establishes a review panel to undertake the evaluation. The review panel will then recommend (potentially significant) changes to how the bird is managed. The stated purposes of the Order are to 1) enhance cooperation between DOI and the eleven western states comprising the ...

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued (pdf) proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA).  The proposal is aimed at prioritizing limited agency resources to advance the recovery of threatened and endangered species.  According to NMFS, this prioritization would be accomplished by focusing on the immediacy of the species’ overall extinction risk, extent of information regarding major threats, and certainty that management or protective actions could be implemented ...

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On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an action brought by an environmental organization concerning the possible impacts of a Nevada solar power facility on the federally listed desert tortoise (Gopherus agassizii).  The Court rejected plaintiff’s contentions that U.S. Fish and Wildlife Service (FWS) and Bureau of Land Management (BLM) approvals for the construction and operation of the project ...

On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles of new roads in the Kootenai National Forest. The Kootenai National Forest is managed pursuant to the Forest Service’s Kootenai National Forest Plan (Forest Plan) that includes access-related amendments prohibiting any net permanent increase[] in linear miles of total roads.  These Forest Plan access amendments incorporate a 2011 Biological Opinion and ...

On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (EPA) approval of the registration and use of 73 pesticides containing the active ingredients clothianidin and thiamethoxam.  See Ellis v. Housenger, Case No. 13-cv-01266-MMC, 2017 U.S. Dist. LEXIS 70107 (N.D. Cal. May 8, 2017).  Plaintiffs, a collection of individuals and a number of environmental and advocacy groups, alleged that EPA’s decision to allow ...

Posted in Court Decisions

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination that listing the whitebark pine (Pinus albicaulis) as a threatened or endangered species is warranted but precluded.  Wildwest Inst. v. Kurth, No. 14-35431 (9th Cir. Apr. 28, 2017). Two environmental groups, Wildwest Institute and the Alliance for the Wild Rockies (Plaintiffs), filed a lawsuit challenging the Service’s determination, asserting that the ...

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Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated the following activities under the Endangered Species Act (ESA):

  • On April 20, 2017, the Service initiated five-year status reviews for 138 species in Hawaii, Oregon, Washington, and California. The Service is conducting the status reviews pursuant to section 4(c)(2) of the ESA, which requires the Service to review each listed species’ status at least once every ...
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Posted in Court Decisions

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection Agency’s (EPA) approval of temperature increases for over a dozen water bodies in Oregon under the Clean Water Act (CWA), the Endangered Species Act (ESA), and the Administrative Procedure Act (APA). The court ruled against EPA and overturned the magistrate judge’s findings and recommendations with respect to environmental plaintiff’s ...

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Posted in Court Decisions

On April 11, 2017, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) held in Carpenters Industrial Council v. Zinke, 2017 U.S.App.LEXIS 6175, that a lumber company trade association had standing to challenge a U.S. Fish and Wildlife Service (USFWS) regulation designating critical habitat for the northern spotted owl (Strix occidentalis caurinan).  Reversing the district court’s decision, the D.C. Circuit found that plaintiff demonstrated a substantial probability that the regulation would decrease the supply of timber from ...

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On April 5, 2017, the U.S. Fish and Wildlife Service (Service) issued a final rule in the Federal Register reclassifying the West Indian manatee (Trichechus manatus) from endangered to threatened under the Endangered Species Act.  Despite the reclassification, the Federal Register explained that while some significant threats have been reduced or eliminated, there are still a number of threats that remain, such as habitat loss and poaching, and that implementation of recovery actions are needed for the manatee to fully recover.

The reclassification was the result ...

On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held (PDF) that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens).  Because Congress has this authority, it could authorize the U.S. Fish and Wildlife Service (Service) to do the same.

The Utah prairie dog lives only in Utah.  Approximately 70 percent of the species’ population is on nonfederal land.  It was originally listed as an endangered species under the Endangered Species Act (ESA) in 1973, but was reclassified as threatened in 1984.  At the time it was ...

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On January 11, 2017, the U.S. Fish and Wildlife Service (Service) published a final rule listing the rusty patched bumble bee (Bombus affinis) as endangered under the Endangered Species Act (ESA).  The rusty patched bumble bee’s historic range encompassed areas of 28 states and the District of Columbia (Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota ...

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann Channel near Corpus Christi, Texas. Friends of Lydia Ann Channel U.S. Army Corps of Engineers v. Lydia Ann Channel Moorings, LLC, No. 2:15-CV-0514, (S.D. Tex. Mar. 13, 2017).  The Friends of Lydia Ann Channel (Plaintiff) filed the lawsuit against the U.S. Army Corps of Engineers (USACE) seeking injunctive and declaratory relief for violations of the ESA and the ...

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Posted in Court Decisions

On March 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld a final rule delisting the gray wolf in Wyoming under the Endangered Species Act (ESA). Defenders of Wildlife v. Zinke, No. 14-5300 (D.C. Cir. Mar. 3, 2017).  This decision is the most recent in a series of court rulings and U.S. Fish and Wildlife Service (Service) actions that followed the Service’s initial 2011 proposal to delist the gray wolf in Wyoming based on the recovery of the Northern Rocky Mountain gray wolf population and the State of Wyoming’s conservation management plan for the wolf ...

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On March 1, 2017, the Senate confirmed Rep. Ryan Zinke (R-Mont.) as Secretary of the Interior in a 68-31 bipartisan vote.  He was sworn into the Cabinet later that day by Vice President Mike Pence.  Zinke was able to attract 16 Democratic votes, with Sen. Ron Wyden (D-Or.) stating that he believes Zinke will focus on doing his job, which includes protecting our special places and managing the forests already within the Interior Department's control, instead of engaging in senseless reorganization of bureaucracies.  Senate Energy and Natural Resources Chairwoman Lisa Murkowski ...

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On February 27, 2017, the California Supreme Court reversed a Court of Appeal decision dismissing a petition for writ of mandate regarding the California Fish and Game Commission’s (Commission) rejection of a petition to delist the population of coho salmon (Oncorhynchus kisutch) south of San Francisco under the California Endangered Species Act (CESA).  Central Coast Forest Assoc. v. Fish and Game Comm’n, Case No. S208181, 2017 Cal. LEXIS 1540 (Cal. Feb. 27, 2017).  The California Supreme Court held that the Court of Appeal erred by failing to consider the merits of the ...

Posted in Court Decisions

On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, Water Contractors) lacked Article III standing to pursue an Endangered Species Act (ESA) claim against the U.S. Department of the Interior and U.S. Bureau of Reclamation (collectively, the Federal Defendants) in connection with the Federal Defendants’ water flow augmentation for the Lewiston Dam.  San Luis & Delta-Mendota Water Authority v. Haugrud, Case Nos. 14-17493, 14-17506, 14-17515, and 14-17539.

The ...

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On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical habitat for the endangered dusky gopher frog (Rana sevosa), even though the frog did not inhabit the land and significant alterations would be required before the land could even be considered habitable.  Markle Interests, L.L.C. v. U.S. Fish & Wildlife Serv., 827 F.3d 452 (5th Cir. 2016).  (For a further discussion of the panel decision.)

On February 13 ...

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California.  The two cases address: (1) the interplay between the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) and (2) the use of the deliberative process privilege to withhold potential administrative record documents in ESA litigation.

In Center for Biological Diversity v. U. S. Environmental Protection Agency, 2017 U.S. App. LEXIS 1826 (9th Cir. Feb. 2, 2017), the Ninth Circuit reversed ...

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On January 31, 2017, President Trump announced Judge Neil M. Gorsuch as his nominee to fill the ninth seat of the United States Supreme Court, left vacant since Justice Antonin Scalia’s passing in February 2016.  Judge Gorsuch currently sits as a judge on the United States Court of Appeals for the Tenth Circuit.  President George W. Bush nominated Gorsuch to his current Tenth Circuit seat in 2006.  Early in his legal career, Judge Gorsuch clerked for Supreme Court Justices Byron R. White and Anthony M. Kennedy.  Many predict that Gorsuch will follow in the footsteps of the late Justice ...

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On January 20, 2017, Reince Priebus, the White House Chief of Staff and Assistant to the President, issued a memorandum to the heads of all executive departments and agencies ordering them to freeze the processing of all regulations.  The stated intent of this action is to ensure that the President’s appointees or designees have the opportunity to review any new or pending regulations.  At the outset, the memo states that, with the exception of regulations addressing any emergency situations or urgent circumstances relating to health, safety, financial, or national security ...

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On January 5, 2017, the National Marine Fisheries Service (NMFS) published notice of the availability of the final Recovery Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas).  The Endangered Species Act (ESA) requires the preparation and implementation of recovery plans for all listed species, unless the Secretary of Commerce determines that doing so does not promote the recovery of the species.  NMFS listed the Cook Inlet distinct population segment (DPS) of beluga whale (CI beluga) as endangered under the ESA in 2008 and designated critical habitat in 2011.

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On December 28, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), downlisting the species from endangered to threatened under the Endangered Species Act (ESA).  The Service concluded that, while the Cactus is not in danger of extinction, it is likely to become endangered in the foreseeable future.  This proposed rule and the accompanying 12-month finding were precipitated by the same ESA petition, citizen suit, and settlement agreement that compelled the ...

On December 27, 2016, the U.S. Fish & Wildlife Service (FWS) issued its final Endangered Species Act (ESA) Compensatory Mitigation Policy (Policy) – the first policy to comprehensively address compensatory mitigation under the ESA.  The Policy applies to all forms of compensatory mitigation involving ESA compliance required or recommended by FWS, including conservation banks, in-lieu fee programs, permittee-responsible mitigation, and other third-party mitigation mechanisms.  It is a step-down policy addressing the compensatory mitigation component of the mitigation ...

On December 23, 2016, the U.S. Fish and Wildlife Service published a notice of availability and request for public comment in the Federal Register with respect to the draft Environmental Impact Report/Statement (EIR/S) for the City of San Diego Vernal Pool Habitat Conservation Plan (VPHCP).  Comments are due by February 21, 2017.  The species covered by the VPHCP were previously covered by the San Diego Multiple Species Conservation Program, but the portion of that Plan providing coverage for vernal pool species was struck down by the United States District Court for the Southern ...

The last few weeks of 2016 involved several activities relating to the Endangered Species Act (ESA), including the following:

  • On December 27, 2016, the U.S. Fish and Wildlife Service (FWS) issued the final ESA Compensatory Mitigation Policy. According to FWS, the new policy addresses permittee-responsible mitigation, conservation banking, in lieu fee programs, and other third-party mitigation mechanisms, and stresses the need to hold all compensatory mitigation mechanisms to equivalent and effective standards.  The Compensatory Mitigation Policy, which we previously ...
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On December 15, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to remove the black-capped vireo (Vireo atricapilla) from the list of Endangered and Threatened Species. The Service has concluded that listing is no longer warranted due to the species’ recovery.

The vireo is a small migratory songbird that breeds and nests in south-central Oklahoma, Texas, and the northern states of Mexico, and winters in Mexico’s western coastal states. The species was initially listed as endangered in October 1987 due to various threats, including nest parasitism ...

Posted in Listing

The Candidate Notice of Review is an annual appraisal by the U.S. Fish and Wildlife Service (Service) of plants and animals that are candidates for Endangered Species Act protection.  A "candidate" species is a species for which there is sufficient information to support a proposal for listing as an endangered or threatened species under the Endangered Species Act, but the formal listing determination is delayed because of higher priority listing actions for other species.  The Candidate Notice of Review, among other things, "summarizes the status and threats ...

Posted in Legal

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (Service) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico without the requisite state permits. In June 2016, the New Mexico Department of Game and Fish (Department) challenged the Service’s intended release of Mexican wolves into an experimental population within the state, without first obtaining the required permits from the Department.  New Mexico moved for a preliminary injunction, which the U.S. District Court ...

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The U.S. Fish and Wildlife Service (Service) recently published a positive 90-day finding on a petition to list the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and three distinct population segments as endangered under the Endangered Species Act ("ESA").  The petition was filed by WildEarth Guardians, the Center for Biological Diversity, and Defenders of Wildlife on September 8, 2016.  The Service will initiate a status review for the Lesser Prairie-Chicken, followed by a determination regarding whether listing is warranted.

The listing petition was submitted ...

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The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to the Bristol Bay region of the Bering Sea.  NMFS concluded (pdf) that the seals do not constitute a species, subspecies, or distinct population segment (DPS) under the Endangered Species Act (ESA), and, thus, listing the harbor seals in Iliamna Lake as threatened or endangered is not warranted.

The Center for Biological Diversity (CDB) submitted a petition to ...

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The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species Act and other federal wildlife laws has not been high profile during the election season, it is an issue area in which we are likely to see big changes.  The five key issues are as follows:

Department heads.  There will be a clean slate of Department heads, including new Secretaries of Commerce and the Interior.  Rumored candidates for Commerce include Chris Christie ...

On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program since the program's establishment in 2009.  Programmatic permits may be sought to authorize eagle take that is associated with, but is not the purpose of, an activity if such take is compatible with the preservation of the bald eagle and the golden eagle and if the take is unavoidable even though advanced conservation practices are being implemented.

Alta ...

Posted in Listing

On November 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule adding ten species to the List of Endangered and Threatened Wildlife, and updating the listings of five other species. Of the ten new species added, only one, the Nassau grouper (Epinephelus striatus), occurs in the United States.  The grouper, which is found in Florida, was listed as a threatened species.  The nine other species include three angelshark species (Squatina aculeata, S. oculata, and S. squatina), found in the Mediterranean Sea and eastern Atlantic; three coral species (Cantharellus ...

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Posted in Court Decisions

On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal (Erignathus barbatus nauticus) as a threatened species under the Endangered Species Act (ESA).  Alaska Oil & Gas Ass'n v. Pritzker, No. 14-35806 (9th Cir. Oct. 24, 2016).  In doing so, the Ninth Circuit reversed the United States District Court for the District of Alaska.   The decision reinforces the fact that the Ninth Circuit applies a highly deferential standard ...

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The distinct population segment of the North American wolverine (Gulo gulf luscus) has had a long and difficult history with the Endangered Species Act (ESA).  However, things appeared to be changing in 2013, when, after denying a number of prior listing petitions at various stages of the process, the U.S. Fish and Wildlife Service (Service) announced its proposal to list the wolverine as a threatened species under the ESA, citing anticipated habitat loss due to climate change.  (See our February 3, 2013 post for a summary of this history.)  While this put the wolverine squarely on ...

Posted in Court Decisions

On October 11, 2016, the U.S. Supreme Court denied the U.S. Forest Service’s (Forest Service) petition for writ of certiorari to review the U.S. Court of Appeal for the Ninth Circuit's decision in Cottonwood Environmental Law Center v. Forest Service, 789 F.3d 1075 (9th Cir. 2015).  The key issues in the case related to standing, the justiciability of programmatic planning documents, and whether section 7 of the Endangered Species Act (ESA) may require a federal agency to reinitiate consultation with the U.S. Fish and Wildlife Service (USFWS) even after the agency has taken a ...

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On October 5, 2016, the U.S. Fish and Wildlife Service (Service) listed a beetle species as endangered, a fish species as threatened, and designated critical habitat for the fish species pursuant to the Endangered Species Act (ESA).

The Service listed the Miami tiger beetle (Cicindelidia floridana), which occurs in Miami-Dade County, Florida, as endangered under the ESA.  According to the Service, the decline in the species is due to the impact of habitat loss, degradation, and fragmentation, the inadequacy of existing regulatory protections, and the beetle’s relatively ...

On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule (pdf) that revises the regulations governing the Endangered Species Act’s (ESA) petition process.  According to the Agencies, the revisions are intended to improve the content and specificity of petitions and enhance the efficiency and effectiveness of the petition process to support species conservation.  The final rule, which revises 50 CFR 424.14, also clarifies the procedures by which the Agencies will evaluate petitions under section 4(b)(3 ...

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On September 19, 2016, the National Marine Fisheries Service (NMFS) published proposed rules to list two species of dolphin and two species of guitarfish under the Endangered Species Act (ESA).  NMFS proposes to list the Maui’s dolphin (Cephalorhynchus hectori maui) as endangered under the ESA and the South Island Hector’s dolphin (Cephalorhynchus hectori hectori), the common guitarfish (Rhinobatos rhinobatos) and the blackchin guitarfish (Rhinobatos cemiculus) as threatened under the ESA.  Both subspecies of dolphin occur only in New Zealand.  The two guitarfish ...

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On September 15, 2016, the U.S. Fish and Wildlife Service (USFWS) proposed to list as threatened the San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), a plant species native to Southern California, under the Endangered Species Act.  The proposal is one of dozens under a settlement reached in litigation challenging USFWS’s failure to propose listing or determine that listing is not warranted for 251 candidate species.  The proposed rule to list the plant species as threatened ends over 16 years on USFWS’s candidate list; it was listed as endangered under the ...

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The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) have issued listing decisions on a number of species under the Endangered Species Act (ESA) in recent days, and USFWS has announced notable changes in its recovery strategy for the red wolf.

  • On September 7, 2016, USFWS reopened the comment period for its proposed rule to remove the Greater Yellowstone Ecosystem population of grizzly bear (Ursus arctos horribilis) from the list of threatened species. The initial proposed rule emphasized that the States of Montana, Wyoming, and Idaho needed to ...
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Posted in Court Decisions

In the last several days there has been a flurry of end-of-summer activity, with federal courts issuing a number of Endangered Species Act (ESA) decisions:

  • On September 2, 2016, the U.S. District Court for the Northern District of California held that the U.S. Fish and Wildlife Service (FWS) and the California Department of Transportation (Caltrans) violated the ESA by failing to properly consider the impacts of widening Highway 1 on the threatened California red-legged frog (Rana draytonii) and the endangered San Francisco garter snake (Thamnophis sirtalis tetrataenia
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Posted in Listing

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act.  The owl is already listed as a threatened species under the Federal Endangered Species Act.  The Commission's action increased protections for the species by allowing for state and citizen enforcement actions through the California Department of Fish and Wildlife and the state courts.

In California, the northern spotted owl’s range extends south along ...

Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two biological opinions issued by the National Marine Fisheries Service (NMFS) for four hydroelectric projects on the Kennebec River in Maine, finding that because the federal approvals triggering the biological opinions were issued by the Federal Energy Regulatory Commission (FERC), the lawsuit had to be filed in the U.S. Court of Appeals in the first instance, not ...

On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (USFWS) on the issue of whether an incidental take statement is required for plant species.  In Center for Biological Diversity v. Bureau of Land Management, No. 14-15836, 2016 U.S. App. LEXIS 14949, the Center for Biological Diversity (CBD) challenged BLM’s adoption of a Recreational Area Management Plan (Plan) for off-road vehicles in the Imperial Sand Dunes Special Recreation ...

The U.S. Fish and Wildlife Service (Service) published a final rule (pdf) removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA).  The Service also reclassified the Santa Catalina Island fox (U. l. catalinae) from an endangered species to a threatened species.

The island fox is a relative of the gray fox.  They inhabit the six largest of the eight California Channel Islands and are ...

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On August 10, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule to list the Texas hornshell (Popenaias popeii), a freshwater mussel, as an endangered species under the Endangered Species Act (ESA).  The species has been on the candidate species list for over a decade, and the proposed rule meets a listing determination deadline established by a 2011 multidistrict settlement agreement.  In the proposed rule, USFWS determined that the species is in danger of extinction due to habitat loss from loss of water flow, decreased water quality, increased accumulation of ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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