Endangered Species Law & Policy

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 ...