Endangered Species Law & Policy

Today, the U.S. Fish and Wildlife Service (Service) announced it had opened status reviews for 38 species of plants, wildlife, and fish endemic to Texas, New Mexico and Arizona (Southwest Species). Section 4(c) of the Endangered Species Act (ESA) requires the Service to evaluate the status of species listed as threatened and endangered at least once every five years (5-year Review) and determine, based on that evaluation, whether any such species should be delisted, downlisted (from endangered to threatened), … 

This week, the U.S. Fish and Wildlife Service (USFWS) announced its opening of 5-year status reviews for 25 southeastern species and 10 southwestern species. Among the species included in the status review are the dusky gopher frog (Lithobates sevosus), Jollyville Plateau salamander (Eurycea tonkawae), and many other species of fish, wildlife, and plants. Five-year status reviews are required under section 4(c)(2)(A) of the Endangered Species Act and serve to inform USFWS whether a given species warrants a change in listing status (e.g., de-listing or a change from threatened ...

On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada.  Among the species subject to review are the bay checkerspot butterfly (Euphydryas editha bayensis), Sierra Nevada yellow-legged frog (Rana sierra), the California tiger salamander (Ambystoma californiense), Morro Bay kangaroo rat (Dipodomys heermanni morroensis), and many other plants and wildlife species.  A full list of species subject to the 5-year ...

On Tuesday, January 14, 2020, the U.S. Fish and Wildlife Service (Service) published a federal register notice that it will be commencing a comprehensive study of the status of the Grizzly bear (Ursus arctos horribilis).  This study, called a 5-year status review, could lead to a change in the bear’s status as a protected species under the Endangered Species Act (ESA).  This 5-year review was spurred by a lawsuit filed by the Center for Biological Diversity, which alleged that the Service failed to complete the required status review on time.  The Service and Center for Biological ...

The U.S. District Court for the District of Montana has approved a partial settlement between the Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (Service) requiring that the Service complete and post a status review of the lower-48 grizzly bear (Ursus arctos horribilis) populations no later than March 31, 2021.  Earlier this year, CBD filed a lawsuit challenging the Service’s alleged failure to update a 1993 federal recovery plan for the species.  The partial settlement disposes of CBD’s first claim for relief, which alleged that the Service had ...

On Monday, June 18, 2018, the U.S. Fish and Wildlife Service (FWS) announced that it has initiated five year status reviews for fifty species in California, Nevada, and the Klamath Basin of Oregon, pursuant to the Endangered Species Act (ESA).  Included among the species whose ESA listing status is being reviewed are 19 animal species, four of which are currently listed as threatened, while the remaining 14 are currently listed as endangered.  Additionally, the FWS is reviewing thirty-one plant species.

As part of its review, FWS will be accepting new information pertinent to the ...

On February 6, 2018, the National Marine Fisheries Service (NMFS) announced an extension of the public comment period for the 5-year review of the endangered Western Distinct Population Segment (DPS) of the Steller sea Lion (Eumetopias jubatus).  The Western DPS includes Steller sea lions that reside in the central and western Gulf of Alaska, Aleutian Islands, as well as those that inhabit coastal waters in Asia.  According to the Federal Register notice, the extension of the comment period to April 6, 2018 was issued in response to a request for additional time.  In addition ...