Endangered Species Law & Policy

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 ...

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 ...

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

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 ...

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 ...

On August 4, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule confirming its 2011 revision to the designation of critical habitat for the marbled murrelet (Brachyramphus marmoratus).  The Service listed the marbled murrelet as threatened under the Endangered Species Act in 1992.  In 1996, the Service designated 3,887,800 acres across Washington, Oregon, and California as critical habitat.  In 2003, the Service entered into a settlement agreement with the American Forest Resource Council (AFRC) and Western Council of Industrial Workers, and agreed to ...

In the past few weeks, the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) published several Endangered Species Act (ESA) listing decisions, including the following:

• On August 1, 2016, NMFS published a 12-month finding on a petition to list the porbeagle shark (Lamna nasus) under the ESA. According to NMFS, the species does not warrant listing at this time. NMFS reviewed two distinct population segments of porbeagle sharks, the North Atlantic and Southern Hemisphere, and acknowledged that the populations have declined due to overfishing ...

On July 27, 2016, the U.S. Fish and Wildlife Service (USFWS) published a Federal Register notice of its final Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Species under the Endangered Species Act (Methodology).  The final Methodology clarifies several of the terms and processes identified in the draft Methodology.

The Methodology establishes five prioritization categories, or bins, to inform a multi-year National Listing Workplan that will cover proposed and final listing determinations, as well as proposed and ...

In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization's Endangered Species Act (ESA) claim, concluding that the organization lacked standing because the informational injury alleged in the complaint could not, as a matter of law, arise until after the U.S. Fish and Wildlife Service (Service) issued a 12-month finding under the ESA, and the complaint expressly alleged that the Service had not issued such a finding.  Friends of Animals v. Jewell, No. 15-5223 (D.C. Cir. July 15, 2016).

Under Section 4 ...

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog (Rana sevosa) under the Endangered Species Act (ESA) and National Environmental Policy Act.  Markle Interests, L.L.C. v. U.S. Fish and Wildlife Service, No. 14-31008 (5th Cir. June 30, 2016).  The decision is remarkable because it upholds the determination by the U.S. Fish and Wildlife Service (FWS) to designate areas as critical habitat that are not currently habitable by the frog and have not been shown likely to be ...

In a year that has already seen its fair share of attempts to reform the Endangered Species Act (ESA), another proposal has made its way into the House of Representatives.  Representatives Don Young (R-Alaska) and Debbie Dingell (D-Michigan) introduced the Recovering America’s Wildlife Act (H.R. 5650) on July 7, 2016.  The bill is based on a plan unveiled by the Blue Ribbon Panel on Sustaining America's Diverse Fish and Wildlife Resources four months ago.

H.R. 5650 would direct approximately $1.3 billion each year from federal energy and mineral development revenues into state-led ...

The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s jurisdiction.  The Service issued the revised procedures pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015, which requires agencies to update statutory civil monetary penalties to adjust for inflation.  The purpose of the Inflation Adjustment Act is to maintain the deterrent effect of civil penalties and to further the policy ...

On June 28, 2016, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) released draft revisions to their joint Habitat Conservation Planning Handbook (Handbook).  The proposed revisions are intended to address concerns raised by the regulated community regarding the habitat conservation plan (HCP) program implemented under section 10 of the Endangered Species Act (ESA).

To apply for an incidental take permit under ESA section 10(a)(1)(B), an applicant must develop an HCP.  The Handbook, initially released in 1996 and revised by ...

On June 20, 2016, the U.S. Supreme Court issued a 6-2 opinion in Encino Motorcars, LLC v. Navarro et al., holding that the U.S. Department of Labor (Labor Department) was not entitled to receive Chevron deference with respect to its 2011 regulation addressing overtime exemptions in the auto industry.  No. 15-415, slip op. (June 20, 2016).  So-called Chevron deference arose out of a 1984 Supreme Court decision holding that agency regulations receive deference where a statute is ambiguous and the agency’s interpretation is reasonable.  Chevron U.S.A. Inc. v. Natural Resource Defense ...

On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a right-of-way to a private company to develop and operate a wind energy facility.  Protect Our Communities Foundation v. Jewell, No. 14-55842, 14-55666 (9th Cir. June 7, 2016).

Plaintiffs argued that BLM—by granting a right-of-way to Tule Wind LLC (Tule)—was "complicit" in future conduct by Tule that might result in violations of the MBTA.  Beyond this assertion of ...

On June 3, 2016, the U.S. Court of Appeals for the D.C. Circuit held in Friends of Animals v. Jewell (No. 1:14-cv-00357) that Plaintiff Friends of Animals (Plaintiff) had Article III standing to pursue a constitutional claim on the ground of informational injury.  The court, however, rejected the merits of Plaintiff’s challenge to a U.S. Fish and Wildlife Service (FWS) regulation establishing a limited exemption from the Endangered Species Act’s (ESA) section 9 take prohibition for three antelope species (scimitar-horned oryx, Oryx dammah; addax, Addax nasomaculatus; and ...

On June 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a 90-day finding that listing populations of the Northwestern moose (Alces alces andersoni) under the Endangered Species Act (ESA) may be warranted.  The Service’s 90-day finding is in response to a petition filed in July 2015 by the Center for Biological Diversity and Honor the Earth, which asked that the moose be listed as a threatened or endangered distinct population segment (DPS).

The U.S. population of Northwestern moose inhabits the upper peninsula of Michigan, Minnesota, North Dakota and Wisconsin.  In ...

As recently reported by the Center for Biological Diversity, a rider has been proposed for an appropriations bill that would provide $1.5 billion to the U.S. Fish and Wildlife Service in 2017.  The controversial rider would remove current Endangered Species Act protections for gray wolf populations in Michigan, Wisconsin, Minnesota, and Wyoming.  The appropriations bill, which is currently making its way through the House of Representatives, was before the House Subcommittee on Interior, Environment, and Related Agencies on May 25, 2016 ...

On May, 17, 2016, the U.S. Senate Committee on Energy and Natural Resources’ Subcommittee on Water and Energy held hearings on a number of pending bills, including S. 2533, sponsored by Senator Diane Feinstein (D-CA).  The bill, titled California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act, is aimed at providing short-term water supplies to drought-stricken California and providing for long-term investments in drought resiliency throughout the Western United States.

Among its many provisions, S. 2533 invests $1.3 ...

After filing an appeal with the U.S. Court of Appeals for the Fifth Circuit less than two weeks prior, on May 10, 2016, the U.S. Fish and Wildlife Service (Service) filed an unopposed motion to voluntarily dismiss its appeal of the district court decision that vacated the listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA).  The U.S. District Court for the Western District of Texas, Midland Division, identified a number of errors in the Service’s evaluation of the species under the criteria laid out in the ...

On May 11, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule designating approximately 65,038 acres and 20.3 river miles of critical habitat for the Oregon spotted frog (Rana pretiosa).  The acres and river miles comprising the critical habitat designation are located in Whatcom, Skagit, Thurston, Skamania, and Klickitat Counties in Washington, and Wasco, Deschutes, Klamath, Lane, and Jackson Counties in Oregon.

According to the Service, the areas designated as critical habitat constitute the Service’s best assessment of the areas that meet the ...

On May 6, 2016, the U.S. Fish and Wildlife Service (Service) published its proposed revisions to the Bald and Golden Eagle Protection Act (BGEPA) permit program.  The stated intention of these proposed revisions is to improve upon the 2009 regulations establishing a permit program under BGEPA.  In 2012, the Service issued an advance notice of proposed rulemaking seeking public input on aspects of the 2009 regulations.  In addition to updating the best available science regarding eagle populations, conservation measures and causes of eagle mortality, the proposed revisions seek to ...

On April 28, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a revised Biological Opinion and Incidental Take Permit for the Rosemont Copper Mine in Pima County, Arizona. USFWS originally issued a Biological Opinion and Incidental Take Permit for the mine project in 2013. Consultation with USFWS was reinitiated in 2015 primarily due to the listing of additional species not considered during the initial consultation.

The Rosemont Copper Mine is proposed on approximately 955 acres of private land and 75 acres of Arizona State Land Department land, on the east side of the ...

On April 21, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, Service) announced revisions to their proposed modifications  to  the Endangered Species Act (ESA) petition process. 81 Fed. Reg. 23,448 (Apr. 21, 2016) (pdf).  In May 2015, the Service announced proposed changes to the petition process for listing a species or seeking to change the listing status of a species under the ESA. 80 Fed. Reg. 29,286 (May 21, 2015) (pdf).  The Service’s proposed rule originally required petitions to list species to address only one species, contain ...

Environmental Management has released an advanced copy of an article I co-authored with Dr. Dennis Murphy entitled, Guidance on the Use of Best Available Science under the U.S. Endangered Species Act.  The principle purposes of the article are to identify the types of data, analyses, and modeling efforts that can serve as best available science and consider the role and application of best available science in effects analysis and adaptive management.  The article is available free of charge, here

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (BIA) in a lawsuit involving the grant of a lease to Tule Wind, LLC for construction of the second phase of an industrial-scale wind energy facility. The Protect Our Communities Foundation v. Black, Case No. 14-cv-2261 (S.D. Cal. March 29, 2016). Plaintiffs alleged that BIA’s approval of the project (1) violated the National Environmental Policy Act (NEPA); (2) violated the Bald and Golden Eagle Protection Act (BGEPA); and (3) violated ...

This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA).  On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled Recent Changes to Endangered Species Critical Habitat Designation and Implementation.  On April 20 and 21, the House Oversight and Government Reform Subcommittee on Interior will hold two hearings to discuss delisting under the ESA.  Nossaman partner, Robert D. Thornton, will testify at the committee hearing on April 20.

The hearing before the Natural ...

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA).  The court also held that the County's planned future roadway extension did not violate the ESA, because the roadway project was only in the initial planning stages and the County acknowledged that compliance with the ESA was required before any construction activities could take place. Florida Panthers v. Collier County, Case No. 2:13-cv-612 (M.D. Fla. Apr. 8 ...

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North American wolverine (Withdrawal).  The Withdrawal signaled a complete departure from the Service’s February 2013 proposed rule to list the wolverine as a threatened species under the Endangered Species Act (ESA).  The court’s decision is the newest chapter in what has been a contentious and storied path to a listing decision for the North American ...

On April 5, 2016, the U.S. Fish and Wildlife Service (Service) issued 12-month findings on petitions to list the island marble butterfly (Euchloe ausonides insulanus), the San Bernardino flying squirrel (Glaucomys sabrinus californicus), the spotless crake (Porzana tabuensis), and the Sprague’s pipit (Anthus spragueii) under the Endangered Species Act.  The Service concluded that the listing of the island marble butterfly is warranted but precluded by higher priority listing actions, but will place the butterfly on the list of candidate species.  The Service also concluded ...

On March 30, 2016, the U.S. Fish and Wildlife Service ("Service") issued a final rule designating critical habitat for 125 species listed as endangered or threatened under the Endangered Species Act ("ESA") on the Hawaiian islands of Molokai, Maui, and Kahoolawe.  The rule designated critical habitat for 50 plant and animal species, and revised critical habitat for 85 plant species, totaling approximately 157,002 acres of critical habitat on Molokai, Maui, and Kahoolawe.  An additional 25,413 acres of critical habitat that had been proposed on Lanai, along with 59,479 acres on Maui ...

In December 2015, Defenders of Wildlife employees published an article in the Proceedings of the National Academy of Sciences, in which they compiled and conducted basic statistical analyses of data regarding section 7 consultations from 2008 to 2015.  Among their findings were the following:

• there were 81,461 informal and 6,829 formal consultations during that period;
• only two consultations resulted in jeopardy determinations; and
• the median duration of informal and formal consultations was 13 days and 62 days.

The authors also presented data sorted by geographic region ...

On March 15, 2016, in Alaska Oil & Gas Association v. National Marine Fisheries Service, case number 4:14-cv-00029-RRB, the U.S. District Court for the District of Alaska vacated a final regulation promulgated by the National Marine Fisheries Service ("NMFS") listing the Arctic subspecies of ringed seal (Phoca hispida hispida, Phoca hispida ochotensis, and Phoca hispida botanica) as threatened and the Ladoga subspecies of ringed seal (Phoca hispida ladogensis) as endangered under the Endangered Species Act ("ESA").  The State of Alaska, North Slope Borough and the Alaska Oil ...

On March 11, 2016, the U.S. Fish and Wildlife Service (Service) released a final delisting rule, a proposed delisting rule, and a notice of a draft recovery plan.  Each of these is discussed in the order in which they appear in the Federal Register.

First, the Service issued a final rule removing the Louisiana black bear (Ursus americanus luteolus), affectionately referred to as the Teddy bear, from the list of endangered and threatened species.  Based on the black bear’s recovery, the rule also removes the American black bear (Ursus americanus), which was previously listed due to its ...

On March 8, 2016, the U.S. Fish and Wildlife Service (Service) announced (pdf) proposed revisions to its Mitigation Policy that has guided Service recommendations on mitigating the adverse impacts of development on fish, wildlife, plants, and their habitats since 1981.  The revised policy provides a framework for achieving a net gain in conservation outcomes, or at a minimum, no net loss of resources and their values, services, and functions resulting from proposed actions.

The Mitigation Policy serves as over-arching guidance applicable to all actions for which the Service has ...

On February 29, 2016, the U.S. District Court for the Western District of Texas rejected the U.S. Fish and Wildlife Service's (Service) request to reinstate federal Endangered Species Act (ESA) protections for the lesser prairie chicken (Tympanuchus pallidicinctus).  Permian Basin Petrol. Ass 'n v. Dep 't of the Interior, No. 7:14-CV-50 (W.D. Tex. Feb. 29, 2016.).  In September 2015, the court ruled on a challenge brought by the Permian Basin Petroleum Association and four New Mexico counties and vacated the final rule listing the lesser prairie chicken as threatened under the ESA.  ...

On February 29, 2016, the U.S. Court of Appeals for the Ninth Circuit upheld the U.S. Fish and Wildlife Service’s (Service) designation of critical habitat in Alaska for the polar bear (Ursus maritimus).  Alaska Oil and Gas Ass’n v. Jewell, No. 13-35919 (9th Cir. Feb. 29, 2016).  The Ninth Circuit reversed the lower court’s decision, reinstating the previously vacated critical habitat designation.

In 2013, the district court granted summary judgment to plaintiffs on two grounds.  Substantively, the district court held that the Service failed to identify specifically where ...

The National Marine Fisheries Service (NMFS) issued a final rule on February 24, 2016 designating critical habitat under the Endangered Species Act (ESA) for two threatened species—lower Columbia River coho salmon (Oncorhynchus kisutch) and Puget Sound steelhead (Oncorhynchus mykiss).   NMFS designated approximately 2,300 stream miles of freshwater and estuarine habitat in Oregon and Washington for the lower Columbia River coho, as well as approximately 2,031 stream miles of freshwater and estuarine habitat in Puget Sound, Washington for the Puget Sound steelhead.  NMFS ...

On February 11, 2016, in Kuehl v. Cricket Hollow Zoo, Case No. C14-2034, the United States District Court for the Northern District of Iowa ruled that the owners and operators of the Cricket Hollow Zoo, located in rural Manchester, violated the Endangered Species Act's (ESA) take prohibition by failing to provide adequate sanitation and timely veterinary care to tigers, and failing to provide adequate sanitation, in compliance with generally accepted animal husbandry practices, and appropriate environmental enrichment to lemurs under their care.  The court reasoned that the ...

Yes, no, maybe so. With the passing of Justice Antonin Scalia, many have already started to prognosticate about the sea change that will inevitably follow. While it is certainly possible that such a sea change will come to pass, it also possible that the Supreme Court will remain much as it has been for more than a decade, with a staunch 4-person conservative block, a staunch 4-person liberal block, leaving Justice Kennedy to decide who wins and who loses. This possibility exists, because right now there are numerous moving parts that could impact who will fill the ninth spot on the Court ...

The California Fish and Game Commission (Commission) is in the midst of major changes.  The Commission, which was established in 1870, has been led by a body of five commissioners since 1937.  The Commission has a small staff to support its activities, which include listing and delisting threatened and endangered species under the California Endangered Species Act, establishing hunting and fishing regulations, establishing protected lands and waters, and considering appeal hearings for revocation or suspension of licenses and permits.

At its February 2016 meetings, the ...

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Migratory Bird Treaty Act (MBTA).  The Oversight Hearing is entitled The Costly Impacts of Predation and Conflicting Federal Statutes on Native and Endangered Species.  Anticipated topics for discussion include addressing the fact that conflicts between federal statutes often prevent agencies and federal officials from effectively reducing ...

On February 5, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) announced the availability of two final rules and one policy addressing critical habitat under the Endangered Species Act (ESA).  One of the final rules  revises the definition of destruction or adverse modification, an issue that has been controversial among both critics and proponents of the proposed revisions.  The other final rule  is intended to clarify the criteria for designating critical habitat.  The final policy  updates existing policy on critical ...

Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill (pdf) that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a newly created Twelfth Circuit.  If the bill is passed as drafted, California, Hawaii, Oregon, Washington, Guam, and the Northern Mariana Islands would remain in the Ninth Circuit.  The new Twelfth Circuit would be comprised of Alaska, Arizona, Idaho, Montana, and Nevada.

Two other senators also introduced similar legislation (pdf).  Under the bill proposed by Montana Sen. Steve ...

On January 27, 2016, the National Marine Fisheries Service (NMFS) issued a final rule designating approximately 29,763 nautical square miles of marine habitat for the North Atlantic right whale (Eubalaena glacialis). The critical habitat is comprised of two areas, with the first region in the Gulf of Maine and Georges Bank and the second region off the southeastern United States, extending from Cape Fear, North Carolina to Cape Canaveral, Florida. The final rule replaces prior critical habitat designations issued on June 3, 1994 and July 6, 2006. According to NMFS, the areas ...

On January 20, 2015, the Senate Committee on Environment and Public Works approved S. 659, the Bipartisan Sportsmen’s Act of 2015, which complements the bill reported by the Senate Energy and Natural Resources Committee late last year.  However, the Environment and Public Works Committee’s approval adds a number of controversial amendments to the Act’s overarching purpose of increasing recreational hunting, fishing, shooting, conservation, and other access on public lands.  An amendment offered by Senator John Barrasso (R-Wyo.), and approved by voice vote, would delist ...

In a notice published on January 15, 2016, the U.S. Fish and Wildlife Service (Service) announced a draft methodology for prioritizing species status reviews and 12-month findings on petitions for listing species under the Endangered Species Act (ESA).  81 Fed. Reg. 2,229 (Jan. 15, 2016).  The Service currently has over 500 unresolved species status reviews and associated 12-month findings on petitions for listing, and intends to use the changes to its methods to set priorities on how and when those unresolved petitions will be addressed.  The Service’s draft methodology will not ...