Posts tagged final rule.
Court Vacates Trump-Era ESA Regulations

On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”).

In 2019, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued three final rules (“2019 ESA Rules”) modifying how the Services implement the ESA, including: (1) a rule under section 4 of the ESA concerning how the Services list, delist, and reclassify endangered or threatened species and the criteria for ...

Habitat Definition No Longer Applies in Critical Habitat Designations

On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the purpose of informing designation of areas as “critical habitat” (2020 Rule) under the Endangered Species Act (ESA). In rescinding the definition of “habitat,” the Services explained they were removing an “excessive constraint” on the agencies’ ability to designate critical habitat under the ESA. Specifically, the Services ...

District Court Reverses Trump-Era Rule, Restoring Gray Wolf ESA Protections

Last week, a decision out of the U.S. District Court for the Northern District of California restored Endangered Species Act (ESA) protections for the gray wolf (Canis lupus) across most of the contiguous United States.

In 2020, the U.S. Fish and Wildlife Service (Service) issued a final rule removing federal protections for the last two remaining gray wolf entities listed as threatened or endangered under the ESA.  The final rule asserted delisting was warranted because neither the Minnesota entity nor the 44-state entity qualified as a species, subspecies, or distinct population ...

The U.S. Fish and Wildlife Service (Service) has issued a final rule reclassifying the Morro shoulderband snail (Helminthoglypta walkeriana) from endangered to threatened under the Endangered Species Act (ESA). The final rule also includes a rule issued under ESA section 4(d) to provide for the conservation of the species.

The Morro shoulderband snail, or banded dune snail, is a type of terrestrial snail named after the dark band on the shoulder of its shell. The species is typically found in dense clumps of grass, young patches of ice plant, and stockpiled anthropogenic ...

The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Panama City crayfish (Procambarus econfinae) as threatened under the Endangered Species Act (ESA), along with a section 4(d) rule limiting take of the species.  The final rule also includes a designation of eight units of critical habitat, totaling approximately 4,138 acres, in Bay County, Florida.

The Panama City crayfish is a small, semi-terrestrial crayfish that grows to about two inches in length (minus claws), and is found in southcentral Bay County, Florida.  The species’ color pattern ...

Service Finds Humpback Chub Swimming In The Right Direction

On October 18, 2021, the U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the humpback chub (Gila cypha), a fish endemic to portions of the Colorado River basin, from endangered to threatened under the Endangered Species Act (ESA).  The Service attributed the chub’s status upgrade largely in part to modifications in how reservoir managers are operating their facilities, and the management of nonnative predators.

The chub was first listed as an endangered species in 1967 under the Endangered Species Preservation Act, a predecessor to the ESA.  In 1974, the ...

USFWS Lists Alabama Crayfish Species as Endangered, Designates 78 Miles of River as Critical Habitat

On September 8, 2021, the U.S. Fish and Wildlife Service ("USFWS") published a final rule in the Federal Register listing the slenderclaw crayfish as endangered under the Endangered Species Act ("ESA") and identifying approximately 78 miles of river in DeKalb and Marshall Counties, Alabama as critical habitat for the species.

The slenderclaw crayfish is a small freshwater crustacean that is endemic to streams on Sand Mountain within the Tennessee River Basin in Alabama. Most of the slenderclaw crayfish’s natural habitat was flooded when the Tennessee River was dammed in 1939 to ...

On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic salamander species known only from Williamson and Bell Counties, Texas: the Georgetown salamander (Eurycea naufragia) and Salado salamander (Eurycea chisholmensis).  The species are “neotenic” because they do not transform into a terrestrial form and instead spend their entire life cycle in water.  The Final Rule was published in accordance with a ...

FWS Delists Cumberland Sandwort Under the ESA

On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in 1988, the Cumberland sandwort is a perennial plant species occurring in cave-like “rockhouses” or bluff sites throughout northern Tennessee and southern Kentucky.  In 1996, the FWS released a recovery plan for the species.  By December of 2013, the FWS recommended downlisting the Cumberland sandwort to threatened status, and in April of 2020, the ...

Last Friday, the U.S. Fish and Wildlife Service (“USFWS”) finalized the removal of the now-recovered Trifolium stoloniferum (running buffalo clover) from the list of endangered and threatened wildlife and plants protected under the Endangered Species Act (“ESA”).  Running buffalo clover is a perennial species with small white flowers and leaves divided into three leaflets.  The plant produces creeping stems that “run” along the surface of the ground to re-root and form new clusters of clover.

The USFWS initially listed the running buffalo clover as an endangered ...

Critical Habitat Designation Reduced for Northern Mexican Gartersnake

This week, the United States Fish and Wildlife Service ("Service") published a final rule designating critical habitat for the northern Mexican gartersnake (Thamnophis eques megalops) under the Endangered Species Act (“ESA”).  The final critical habitat designation includes a total of approximately 20,326 acres of land located in Arizona and New Mexico. 

The northern Mexican gartersnake, an olive-colored snake identifiable by a pattern of vertical yellow stripes and paired black dots lining its body, typically occurs in shallow wetlands and aquatic habitats, such ...

Service Removes Interior Least Tern from Endangered Species List

On January 13, 2021, the U.S. Fish and Wildlife Service (Service) published a final rule to remove the inland population of the Interior least tern (Sterna (now Sternula) antillarum) from the list of endangered and threatened wildlife under the Endangered Species Act (ESA).  Originally listed as an endangered species under the ESA in 1985, the Interior least tern is a small, fish-eating bird occurring along the Arkansas, Ohio, Mississippi, Missouri, Red, and Rio Grande rivers.  

Prior to listing, the Interior least tern’s population had fallen below 2,000 as a result of habitat ...

The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the Endangered Species Act (“ESA”).  The final rule will also include 4(d) rule provisions that specify when the ESA section 9 take prohibitions will apply to the beetle.

The American burying beetle, which gets its name from its tendency to burrow under vegetation or into soil during the daytime and throughout the winter hibernation season, is the largest ...

On September 13, 2019, the U.S. Fish and Wildlife Service (Service) posted a final rule removing the Foskett speckled dace (Rhinichthys osculus ssp.) from the federal List of Endangered and Threatened Wildlife.  The dace, which was listed under the Endangered Species Act (ESA) as a threatened species in 1985, is being removed from the List of Threatened and Endangered Species on the basis of recovery.  In its final notice, the Service indicates that the threats to the dace have been “eliminated or reduced to the point where [the dace] no longer meets the definition of an endangered or ...

On April 3, 2018, the U.S. Fish and Wildlife Service (Service) published a final to rule listing the yellow lance mussel (Elliptio lanceolata) as threatened under the Endangered Species Act (ESA).  The final rule states that only seven populations of this freshwater mussel remain, all of which are located in Maryland, Virginia, and North Carolina.  The listing was prompted by a mega-petition filed by the Center for Biological Diversity and several other environmental organizations in 2010 that included the mussel.  In September 2015, after litigation had been filed regarding the ...

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 ...

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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