Endangered Species Law & Policy

On October 18, 2012, the Center for Biological Diversity filed a petition (pdf) requesting that the California Fish and Game Commission list the Townsend's big-eared bat (Corynorhinus townsendii) as endangered or threatened throughout its range in California.  The petition states that the bat is in widespread decline throughout the western United States, and that the bat is "severely threatened by a combination of disturbance of cave and mine sites, loss of mine and cave habitat to mining, logging and urban development, white-nose syndrome and other factors."  The next step in ...

Recently, House Representatives John Garamendi (D-Fairfield, CA), Jerry McNerney (D-Stockton, CA), Doris Matsui (D-Sacramento, CA), George Miller (D-Martinez, CA), and Mike Thompson (D-St. Helena, CA) introduced H.R. 6484 (pdf), a bill entitled the SAFE Levee Act. The bill would authorize the Secretary of the Interior to provide assistance to local interests for levee stability improvements within the Sacramento-San Joaquin Delta and require the Secretary of the Interior to carry out a cost-benefit analysis of water conveyance options being considered in the Bay Delta ...

Part I: Assembly Bill 2402 (Huffman)

On September 25, 2012, Governor Jerry Brown signed Assembly Bill 2402 and Senate Bill 1148, which make a number of changes to the Fish and Game Code, into law.  AB 2402 was sponsored by Assemblyman Jared Huffman and SB 1148 by Senator Pavely and these bills will implement a number of recommendations that emerged from a Strategic Vision process for the Department of Fish and Game and the Fish and Game Commission that took place during 2011 and 2012.  SB 1148 will be discussed in Part II of this update.

The key provisions of AB 2402 are described below.

• Section 8 ...

Previously, we reported on the latest chapter in the decade-long dispute between environmental groups, federal agencies, and pesticide manufacturers over the impact of pesticides on the Pacific Northwest’s listed salmon populations.  The next chapter is scheduled for October 24, 2012, when the U.S. Court of Appeals for the Fourth Circuit will hear oral argument in DowAgrosciences LLC v. National Marine Fisheries Service. In that case, a consortium of pesticide manufacturers are arguing that a Biological Opinion (BiOp) issued by the National Marine Fisheries Service ...

Last week, environmental advocacy groups celebrated a victory in a decade-long fight over the proper balance between agricultural and environmental interests in the Pacific Northwest. On October 1, in Northwest Coalition for Alternatives to Pesticides v. EPA, the federal district court for the Western District of Washington denied the defendant’s effort to dismiss the lawsuit thereby permitting plaintiffs' citizen suit against the Environmental Protection Agency (EPA) under the Endangered Species Act (ESA) to move forward. (A .pdf copy of the court's decision is ...

Today, the U.S. Fish and Wildlife Service announced a proposed rule (pdf) to remove the valley elderberry Longhorn beetle (Desmocerus californicus dimorphus) from the list of threatened species.

The delisting will be significant for landowners, flood control agencies, and irrigation districts throughout the Central Valley of California because they will no longer be required to seek prior authorization for the incidental take of the beetle.  The beetle, as its name suggests, depends upon its host plant species, the valley elderberry, which grows along streams, rivers ...

Governor Brown signed a bill into law that generally makes it unlawful to permit or allow a dog to pursue a bear or bobcat at any time. The bill, introduced as SB 1221 by State Senator Ted Lieu, is intended to curb the use of dogs to hunt bears or bobcats.  Debate over the bill divided both houses of the California legislature.  David Siders reported that "[t]he legislation pitted wildlife advocates against hunters at the California Capitol – the former raising concerns about the humane treatment of animals, the latter about urban elitism" (Sacramento Bee, Sept. 27, 2012).

The bill to ban ...

In 2011, the U.S. Fish and Wildlife Service (Service) reached a settlement agreement with environmental groups in which it agreed to make final listing decisions on over 200 species over the next six years. Last month, we noted that the national effects of this settlement agreement had yet to be fully discerned.  (See Signs of Trouble Ahead?)  Today, its effects became a little clearer as the Service issued a proposed rule to list the Mount Charleston blue butterfly (Icaricia shasta charlestonensis) as an endangered specie.  In addition, the Service intends to list as threatened ...

On September 17, 2012, the U.S. Fish and Wildlife Service announced (pdf) that it had issued a final rule listing 23 species native to the Hawaiian island of Oahu as threatened or endangered under the Endangered Species Act.  The species include 20 plants and three damselflies. The rule follows a legal settlement with the Center for Biological Diversity that required the agency to make determinations with respect to 757 species, including 17 of the 23 Oahu species granted protection.  At the same time it issued the listing determinations, the Service designated 42,804 acres (or ...

On September 4, 2012, the San Francisco Chronicle reported that the U.S. Fish and Wildlife Service will issue a final rule today listing the Franciscan manzanita (Arctostaphylos franciscana) as an endangered species under the Federal Endangered Species Act.  (See article by Peter Fimrite).  The Chronicle also reported that the Service proposes to designate more than 300 acres of critical habitat in San Francisco for the plant.  The proposed critical habitat includes areas in Presidio, Corona Heights, Twin Peaks, Mount Davidson, Diamond Heights, Bernal Heights, and Bayview ...

 In a 2-1 decision (pdf), the United States Court of Appeals for the District of Columbia Circuit recently upheld the decision of the Fish and Wildlife Service to delist the West Virginia northern flying squirrel (Glaucomys sabrinus fuscus). The lower court held that the Service violated the Endangered Species Act (ESA) by removing the species from the list of endangered and threatened species despite the fact that several Recovery Plan Criteria had not been satisfied. In its decision, the D.C. Circuit held that [a] plan is a statement of intention, not a contract, and that [i]f the plan ...

We previously reported the Fish and Wildlife Service's intention to delist the gray wolf (Canis lupus) in the State of Wyoming.  Today the Service announced "that the Wyoming population of gray wolves is recovered and no longer warrants protection under the Endangered Species Act."  A host of news outlets reported the announcement, including the New York Times (Aug. 31, 2012, by Feilicity Barringer).  Delisting of the gray wolf is controversial, but the species has been delisted in numerous parts of the upper mid-west and western United States.

The United States Court of Appeals for the Ninth Circuit has granted (pdf) a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one component of a reasonable and prudent alternative imposed by the Fish and Wildlife Service on operations of the Central Valley Project and State Water Project.  The order, which we reported on here, enjoined implementation of a water management action, referred to as the Fall X2 Action, which requires a combination of reservoir releases upstream from the ...

The California Department of Fish and Game (DFG) recently completed its initial evaluation (pdf) of a petition to list the gray wolf (Canis lupus) under the California Endangered Species Act (CESA).  The Center for Biological Diversity, Big Wildlife, the Environmental Protection Information Center, and the Klamath-Siskiyou Wildlands Center (collectively, Petitioners) submitted a petition for the listing to DFG on March 5, 2012.  DFG recommended the Fish and Game Commission (Commission) accept the petition for further consideration, finding that there is ...

The  Associated Press is reporting that the federal government intends to issue a final rule delisting the gray wolf (Canis lupus) in Wyoming on August 31, 2012 (The Missoulian, Aug 14, 2012, by Ben Neary).  The Fish and Wildlife Service proposed (pdf) removal of the gray wolf in Wyoming from the list of endangered and threatened species on October 5, 2011, and reopened the comment period (pdf) on that proposal on May 1, 2012.

On August 13, 2012, the United States Court of Appeals for the Ninth Circuit laid to rest litigation that threatened to profoundly affect water and power supplies for 25 million people throughout the arid Southwest.

In Grand Canyon Trust v. U.S. Bureau of Reclamation (pdf), the Ninth Circuit held that the U.S. Bureau of Reclamation (Reclamation) is not required to consult with the U.S. Fish and Wildlife Service (Service) under section 7 of the Endangered Species Act (ESA) every year when it prepares an annual operating plan for the Glen Canyon Dam.

The court held ...

In a recent decision (pdf), the United States District Court for the District of Idaho remanded a determination (pdf) by the U.S. Fish and Wildlife Service to list slickspot peppergrass (Lepidium papilliferum), a small, flowering plant in the mustard family, as threatened under the Endangered Species Act.  The controversy  over the listing of the species has spanned more than a decade, resulting in numerous Service determinations and court orders.

Slickspot peppergrass is only found in portions of Idaho.  Idaho's Governor, Butch Otter, and others brought the case challenging the ...

An article was published today in the E&E Reporter entitled "Petitions for new species protection wobble balance in FWS settlement with environmentalists."  The article, authored by Allison Winter, provides an interesting lens through which to view the ongoing struggle between the federal wildlife agencies and environmental groups.  In 2011, the U.S. Fish and Wildlife Service (Service), Wild Earth Guardians, and the Center for Biological Diversity (CBD) entered into a settlement agreement, which was subsequently approved by a federal court, obligating ...

The U.S. Fish and Wildlife Service (Service) recently announced a proposal to protect 40 different species native to Hawaii under the Endangered Species Act (ESA).  The Federal Register notice of the announcement can be found here (pdf).  The proposal encompasses 37 plant species, including herbs, shrubs, trees, and ferns, and three species of tree snails.  The species are native to the Hawaiian Islands of Moloka'i, Lana'i, Kaho'olawe, and Maui.  They are found in 11 different ecosystem types.

The Service's announcement also included critical habitat designation for 39 of the ...

Today Governor Brown and Secretary of the Interior Salazar announced plans to construct two tunnels to transport water under the Sacramento-San Joaquin Delta in an effort to guarantee a stable water supply for Californians and contribute to the protection and recovery of the Delta ecosystem and at-risk species.  In a press release that accompanied the announcement, the federal and state officials stated "the parties expect to issue a draft Bay Delta Conservation Plan and corresponding Environmental Impact Report/Environmental Impact Statement for public review this fall."

The United States Court of Appeals for the Ninth Circuit issued a 2-1 decision (pdf) affirming a lower court holding that plaintiff environmental groups lacked standing to challenge the renewal of certain water contracts by the Bureau of Reclamation and that other contract renewals by the Bureau were not subject to consultation under section 7(a)(2) of the Endangered Species Act because the renewals constituted non-discretionary actions outside the scope of the consultation requirement.

At issue in the case was the renewal of water contracts between the Bureau and two sets of ...

Effective August 13, 2012, the Chupadera springsnail's 28-year candidacy for listing will be over.  In a final rule (pdf) issued July 12, 2012, the U.S. Fish and Wildlife Service listed the Chupadera springsnail (Pyrgulopsis chupaderae)  as endangered, and designated critical habitat for the species in the only two units where it is known to occur in Socorro County, New Mexico.

The Chupadera springsnail is a tiny freshwater snail endemic ot Willow Spring and an unnamed spring nearby located on private land near the southeast end of the Chupadera Mountains.  Because the ...

In an article published in July 2012, in the Journal of Environmental Economics and Management, Christian Langpap and Joe Kerkvliet of Oregon State University assess the effectiveness of habitat conservation plans.  The abstract reads:

Habitat conservation plans (HCPs) have become a key instrument for implementation of the Endangered Species Act (ESA) on private land. However, there is no systematic analysis of their effectiveness in promoting endangered species recovery. This paper is the first to provide a comprehensive analysis of the impact of HCPs on species recovery ...

According to Ryan McCarthy with KeysNet (June 27, 2012), the County Commission in Monroe County, Florida has agreed to take responsibility for reviewing permits for new development within the county to ascertain whether such development is likely to affect species listed as threatened or endangered under the federal Endangered Species Act.  The County took this action to avoid suspension of the National Flood Insurance Program (NFIP) there by the Federal Emergency Management Agency (FEMA).  Monroe County was the locus of the first lawsuit under the Endangered Species Act (ESA ...

On June 19, 2012, the U.S. Fish and Wildlife Service announced its final action designating 24,527 acres as critical habitat for the Pacific coast population of western snowy plover (Charadrius alexandrinus nivosus).  The designated critical habitat spans coastal areas in Washington, Oregon, and California to the Mexican border, typically characterized by sparsely vegetated, sandy beaches.  The Service identified several activities that may require special management within critical habitat areas, including, water diversions, resource extraction, and dune ...

The Bay Delta Conservation Plan (BDCP) is a daunting conservation planning exercise.  The affected ecosystems have been irreversibly altered; a number of the covered species are at risk of extinction over the next century; despite the investment of billions of dollars, the monitoring scheme in place is inadequate to provide scientists with data necessary to generate robust analyses needed to make informed resource management decisions; and the entire exercise is a political hot potato.

The State committed to release a public draft of the BDCP in June 2012, but in a letter to the ...

On June 12, 2012, the United States District Court for the District of Columbia issued a decision (pdf) upholding the listing of the shovelnose sturgeon (Scaphyrhynchus platorynchus) as a threatened species, although it is by all accounts thriving, and upheld a partial ban on commercial fishing of the shovelnose sturgeon, despite the lack of a similar ban on recreational fishing.  The Court upheld the foregoing actions by the U.S. Fish and Wildlife Service (Service) because the shovelnose sturgeon is almost identical in appearance to the pallid sturgeon (Scaphirhynchus ...

The Fish and Wildlife Service made a decision (pdf) recently not to list the dunes sagebrush lizard (Sceloporus arenicolus) as threatened or endangered under the Endangered Species Act.  The distribution of the small, light brown lizard is limited to western Texas and southeastern New Mexico. The status of the species has been uncertain for a number of years; in 2004 the Service determined that listing the species was warranted but precluded by higher priority actions and in 2010 the Service proposed to list the species as endangered.  The potential listing of the species drew strong ...

On June 4, the U.S. Fish and Wildlife Service (Service) published a 90-day finding (pdf) that substantial scientific or commercial information indicates that delisting the Inyo California towhee (Pipilo crissalis eremophilus) and reclassifying from endangered to threatened the arroyo toad (Anaxyrus californicus), Indian Knob mountainbalm (Eriodictyon altissimum), Lane Mountain milk-vetch (Astragalus jagerianus), Modoc sucker (Catostomus microps), and Santa Cruz cypress (Cupressus abramsiana) under the Endangered Species Act (ESA) may be warranted.  The Service will now conduct status reviews for these six species which result in a 12-month finding for each species determining whether the action is, in fact, warranted.

The Pacific Legal Foundation petitioned the Service requesting these actions on December 19, 2011.  The Foundation's petition was based on information contained in the most recent 5-year reviews for these six species, which were completed in 2008 and 2009.

Recently, the United States District Court for the District of Oregon issued a decision (pdf) denying the motion of plaintiff environmental groups for a preliminary injunction to halt lethal removal of California sea lions (Zalophus californianus) from the Columbia River to reduce predation pressure on salmonids as they migrate past the Bonneville Dam.  The decision is the latest chapter in a long-running dispute over efforts to protect salmon runs in the Columbia River system.

The States of Oregon, Washington, and Idaho applied for and obtained authorization from the National ...

On June 1, 2012, a sharply divided Ninth Circuit sitting en banc filed an opinion in Karuk Tribe of California v. U.S. Forest Service, No. 05-16801 (June 1, 2012) (pdf) holding that U.S. Forest Service "approvals" of notices of intent (NOIs) to undertake suction dredge mining are discretionary agency actions that may affect listed coho salmon designated critical habitat in the Klamath National Forest, thus triggering a duty to consult under section 7 of the Endangered Species Act (ESA). 

The en banc opinion reverses both the district court and a prior panel opinion in which a divided three-judge panel held that the Forest Service was not required to consult because the "approvals" at issue are tantamount to decisions not to require "plans of operations" for proposed dredging, and are therefore agency inaction, not agency action.  Judge William A. Fletcher wrote the dissenting opinion in last year's decision, but he wrote for the 7-4 majority of the en banc court.

On May 23, 2012, the U.S. Fish and Wildlife Service removed the Morelet's crocodile (Crocodylus moreletii) from the list of federal endangered and threatened species.  The species was first listed as endangered in June, 1970.  The listing was due primarily to over-harvesting for commercial purposes.  Shortly thereafter, restrictions on the commercial harvest and trade of the species were instituted.  In 2005, after a survey had established the widespread distribution and relative abundance of the species, the Government of Mexico filed a petition seeking to ...

In Conservation Congress v. Finley, 2012 U.S. Dist. LEXIS 61634 (May 2, 2012), plaintiffs challenge agency decisions that authorize the Beaverslide Timber Sale and Fuel Treatment Project located in the Six Rivers National Forest in northern California on the grounds the project violates the Endangered Species Act (ESA), National Environmental Policy Act, and National Forest Management Act.  Among other things, plaintiffs allege that the Forest Service unlawfully failed to reinitiate consultation with the Fish and Wildlife Service under section 7(a)(2) of the ESA ...

Large-scale habitat conservation plans often are under development for many years then mired in the regulatory process for many more.  The Bay Delta Conservation Plan (BDCP) is not exceptional because it has hit a number of bumps in the road.  But it is exceptional because the plan development and regulatory processes are transparent and being scrutinized by a multitude of interests at every step, including some that will challenge the BDCP in court irrespective of the merits of the Plan for both society and the at-risk species it is designed to protect.  For the past several months, the ...

In a recent decision out of Oregon, a United States District Court found that plaintiffs do not need to prove a likelihood of future take to prevail on a Section 9 claim.  Stout v. U.S. Forest Service, ECF No. 112 (D. Or. April 24, 2012).  Plaintiffs, ranchers who had been partially enjoined from grazing on certain banks because of potential impacts to threatened Middle Columbia River steelhead (MCR steelhead), filed an action against the U.S. Forest Service and U.S. Fish and Wildlife Service alleging, among other claims, that the Forest Service had taken steelhead ...

The U.S. Fish and Wildlife Service (Service) recently announced (pdf) its decision that the Sonoran Desert Area population of bald eagles (Haliaeetus leucocephalus) does not warrant protection under the Endangered Species Act (ESA).  The Service's conclusion is the result of a revised 12-month finding on a petition to list the population as threatened or endangered under the ESA.  The Service concluded that the Sonoran Desert Area population of bald eagle does not qualify as a distinct population segment (DPS), and that listing the population is not warranted at this time.

The Service originally found that the Sonoran Desert Area population of bald eagles was not a listable entity under the ESA on February 25, 2010.  The Center for Biological Diversity and Maricopa Audubon Society challenged that decision in October 2010.  On November 30, 2011, the U.S. District Court for the District of Arizona ordered the Service to draft a new 12-month finding.

The United States District Court for the Northern District of California issued an order (pdf) denying cross motions for summary judgment in a case brought by plaintiffs suing the City and County of San Francisco over the management of Sharp Park Golf Course, which San Francisco owns but which is located in the City of Pacifica in San Mateo County, California.  At issue in the case is whether San Francisco’s management of the golf course violates the take prohibition of the Endangered Species Act (ESA).  Previously, we posted a blog describing plaintiffs' unsuccessful attempt to ...

The United States District Court for the Western District of Washington issued a decision (pdf) denying a request by the National Wildlife Federation (NWF) to enjoin the Federal Emergency Management Agency (FEMA) from providing flood insurance, either directly or through third-party entities, for any new development in certain jurisdictions in the Puget Sound area until the case is resolved on the merits.  We blogged about the case previously, here.  NWF filed the case against FEMA for failure to fully implement the reasonable and prudent alternative (RPA) that ...

On April 17, 2012, the U.S. Fish and Wildlife Service (Service) published a proposed rule that would revise the critical habitat for two endangered plant species located in Riverside County, California: the Munz's onion (Allium munzii) and the San Jacinto Valley crownscale (Atriplex coronata var. natatior).  Under the proposed rule, the Service would designate an additional 8,909 acres of critical habitat for the two species.  Approximately 889 additional acres would be designated for the Munz's onion, and 8,020 acres would be designated for the San Jacinto Valley crownscale.  

The National Marine Fisheries Service (NMFS) recently concluded that listing of the Chinook salmon (Oncorhynchus tshawytscha) in the Upper Klamath and Trinity Rivers Basin as threatened or endangered is not warranted.  The agency made the 12-month finding following receipt of a petition to list the species in January 2011 from the Center for Biological Diversity, Oregon Wild, Environmental Protection Information Center, and The Larch Company.

In its 12-month finding, NMFS included both spring-run and fall-run Chinook salmon populations in the Klamath River Basin ...

In a recently issued draft biological opinion (PDF) , the National Marine Fisheries Service (Service) has concluded that EPA's registration of products containing the herbicides oryzalin, pendimethalin, and tricluralin is likely to jeopardize the survival of approximately half of the Pacific salmonid populations listed under the Endangered Species Act (ESA).

The draft biological opinion is the latest milestone in a series of controversial ESA section 7 consultations between the Environmental Protection Agency (EPA) and the Service regarding EPA's ...

The National Research Council's Committee on Sustainable Water and Environmental Management in the California Bay-Delta issued its final report (pdf) entitled Sustainable Water and Environmental Management in the California Bay-Delta.  The report is 220 pages and includes five chapters as well as a number of appendix.  The National Research Council established the Committee at the request of Congress and the Departments of the Interior and Commerce.  The task statement for this final report was as follows:

• Identify the factors that may be contributing to the decline of ...

The U.S. Fish & Wildlife Service (Service) has determined that protection under the Endangered Species Act (ESA) for the San Francisco Bay-Delta (Bay-Delta) population of longfin smelt is warranted but precluded. The Service also determined that listing the longfin smelt rangewide is not warranted at this time.

The Service’s decision is in response to a lawsuit brought by environmental groups challenging the Service’s 2009 determination (pdf) that the Bay-Delta population of longfin smelt is not distinct from other populations in the species’ geographic range. In a ...

In a case with a complicated procedural history, the United States District Court for the District of Oregon recently held (pdf) that a claim for failure to consult under section 7 of the Endangered Species Act (ESA) arises under the citizen suit provision of that Act rather than under the Administrative Procedure Act (APA).  In doing so, the Court followed the Ninth Circuit's reasoning in Western Watersheds Project v. Kraayenbrink, 632 F.3d 472 (9th Cir. 2011) (pdf) and rejected a contrary interpretation included in proposed findings and recommendations (pdf) of the magistrate.  ...

On Tuesday, March 27, the United States District Court for the Western District of Washington will hear argument in a suit filed by National Wildlife Federation against the Federal Emergency Management Agency (FEMA) for failure to fully implement the reasonable and prudent alternative (RPA) that accompanied the National Marine Fisheries Service's (NMFS) biological opinion regarding the impacts of the FEMA's National Flood Insurance Program (NFIP) on listed species in the Puget Sound.

In 2004, the United States District Court for the Western District of Washington ruled

A judge in the District of Washington D.C. recently denied a request by the Humane Society of the United States to halt the killing of sea lions that prey on endangered spring run salmon and steelhead on the Columbia River.  On March 15, 2012, the National Marine Fisheries Service (NMFS) reauthorized the removal of California sea lions that congregate at the Bonneville dam and feed on the listed species as they pass the dam.  NMFS's authorization would have allowed the removal of up to 92 sea lions annually through 2016.  The Humane Society challenged NMFS's decision, claiming that NMFS ...

The U.S. Court of Appeals for the Ninth Circuit has upheld a law that orders the Secretary of the Interior to reissue a rule that delists a distinct population of gray wolves in the northern Rocky Mountains without regard to the Endangered Species Act ("ESA") and without judicial review.  Alliance for the Wild Rockies v. Salazar, No. 11-36552 (9th Cir. March 14, 2012).  As previously reported, in 2009 the Fish and Wildlife Service ("Service") issued what is known as the "2009 Rule," which designated a distinct population of gray wolves in the northern Rocky Mountains and removed ESA ...

The Pacific Legal Foundation has filed a lawsuit (pdf) in order to force the Fish and Wildlife Service to make a determination whether to delist the valley elderberry longhorn beetle (Desmocerus californicus dimorphus), a species with a distribution from southern Shasta County to Fresno County in California's Central Valley.  The lawsuit was reported by a number of news outlets including the Sacramento Bee (March 15, 2012, by Matt Weiser).

The valley elderberry longhorn beetle was listed by the Service as threatened under the Endangered Species Act (ESA) in 1980.  At that time, the ...

On March 8, 2012, the Departments of Agriculture and the Interior announced a new program for conserving wildlife habitat on private lands.  Under the new program, Federal, state, and local wildlife experts will jointly identify at-risk species that would benefit from habitat restoration on private lands and, using the best available science, prioritize restoration actions on a regional scale.  These efforts will initially be limited to seven species: the greater sage-grouse (Centrocercus urophasianus), New England cottontail (Sylvilagus transitionalis), bog turtle ...

On March 8, 2012, the U.S. District Court for the Eastern District of California entered judgment in Coalition for a Sustainable Delta and Kern County Water Agency v. Federal Emergency Management Agency, et al., No 1:09-cv-02024 (E.D. Cal.) based on a settlement agreement in which FEMA agreed to request consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) under section 7 of the Endangered Species Act regarding the impacts of its implementation of the National Flood Insurance Program (NFIP) on threatened and endangered ...