Yesterday, in Center for Biological Diversity v. Everson, the United States District Court for the District of Columbia overturned the U.S. Fish and Wildlife Service’s (USFWS) decision to list the northern long-eared bat (Myotis septentriodnalis) as threatened rather than endangered, and remanded the decision back to the agency. The threatened listing will remain intact while USFWS undertakes a new listing decision.
In addition to remanding the threatened listing decision back to the USFWS, the court also vacated a portion of the USFWS’s and National Marine Fisheries Service’s (Services) Final Policy on Interpretation of the Phrase “Significant Portion of its Range” in the Endangered Species Act’s Definitions of “Endangered Species” and “Threatened Species” (SPR Policy). Specifically, the court found that the SPR Policy’s directive that the Services will not analyze whether a species is endangered in a significant portion of its range if the Services have determined that the species is threatened throughout all of its range, failed step 1 of the test set forth by the U.S. Supreme Court in Chevron U.S.A., Inc. v. Natural Resources Defense Council.
Brooke Wahlberg is a natural resources lawyer focused on powering the economy while maintaining compliance with environmental laws. She is go-to counsel for matters involving the Endangered Species Act (ESA), the Migratory Bird ...
Rebecca Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), and various Texas ...
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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