Posts tagged Listing.

The Center for Biological Diversity and Mountain Lion Foundation submitted a petition to the California Fish and Game Commission (the Commission) to list mountain lions (Puma concolor) in southern and central California as threatened or endangered pursuant to the California Endangered Species Act.  The petition identifies habitat loss and fragmentation, due to roads and development, as significant threats to the survival of the local populations.

The petition acknowledges that there is no reliable estimate of mountain lion abundance in California, but includes estimates for ...

On June 12, 2019, the California Fish and Game Commission (Commission) voted 3-1 that listing four subspecies of bumble bee may be warranted under the California Endangered Species Act (CESA).​  The decision was made after the Xerces Society, Center for Food Safety, and Defenders of Wildlife filed a petition to list the Crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as endangered species under CESA.

Presently, no insects are ...

On May 22, 2019, the U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent litigation from environmental organizations to list over 400 aquatic species found in the southeastern United States. The two species the agency deems as needing protection in this proposed rule are the Carolina madtom (Noturus furiosus), a poisonous catfish, and the Neuse River waterdog (Necturus lewisi), a freshwater salamander.

The Carolina ...

Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species (which we covered here), the U.S. Fish and Wildlife Service (Service) has made a few other moves related to the Endangered Species Act (ESA).

On Monday, April 8, 2019, the Service published a final rule, removing one species from the List of Endangered and Threatened Species, adding 16 separate species to the list, and updating the existing entries for 17 more species.  Specifically, the Service added the following species to the ESA List: Gulf grouper ...

Posted in Listing

On April 19, 2018, the California Fish and Game Commission voted 4-0 to list the tricolored blackbird (Agelaius tricolor) as a threatened species. A statewide survey conducted in 2017 estimated the California population of the species to be over 175,000 birds. The species is broadly distributed in California, occurring in roughly 40 counties, though the bulk of the population resides in the Central Valley.

The Center for Biological Diversity petitioned for the emergency listing of the species in 2015, based on a dramatic decline in population estimates from 2008 to 2011 and again ...

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 April 2, 2018, the U.S. Fish and Wildlife Service (Service) proposed downlisting the Hawaiian goose (Branta sandvicensis), locally known as the nene, from endangered to threatened under the Endangered Species Act (ESA).  The Service also proposed adopting a special rule pursuant to ESA section 4(d), known as a section 4(d) rule, allowing incidental take of nene for particular conservation and law enforcement functions.

The nene was federally listed as endangered in 1967, after the population fell below 30 individuals on Hawaii’s Big Island.  The Service instituted a ...

On February 27, 2018, the National Marine Fisheries Service (Service) published a 90-day finding on the Karuk Tribe and Salmon River Restoration Council’s (Petitioners) petition to list the Upper Klamath-Trinity Rivers Basin (UKTR) Chinook salmon (Oncorhynchus tshawtscha) evolutionarily significant unit (ESU) as endangered or threatened.  Based on the information included in Petitioners’ filing, the Service found that listing the UKTR ESU as endangered or threatened under the Endangered Species Act (ESA) may be warranted.

The Service’s determination follows a ...

On February 27, 2018, the U.S. Fish and Wildlife Service (FWS) finalized a regulation removing Eureka Valley evening-primrose (Oenothera californica ssp. eurekensis) from the Federal List of Endangered and Threatened Plants.  The delisting, originally proposed in 2014, is based on the elimination of threats to the subspecies, accomplished largely as a result of the 1994 designation and ongoing management of its dune habitat as federal wilderness within Death Valley National Park.  The National Park Service manages the federal wilderness area under the Park Service’s Organic ...

On February 12, 2018, in Alaska Oil & Gas Association v. National Marine Fisheries Service, Case No. 16-35380, the U.S. Court of Appeals for the Ninth Circuit reversed a 2016 decision by the U.S. District Court for the District of Alaska that vacated a final regulation listing the Arctic subspecies of ringed seal (Phoca hispida hispidaPhoca 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, 16 U.S.C. §§ 1531 et seq. (ESA).

Posted in Listing

At its February 2018 meeting, the California Fish and Game Commission (Commission) received the one-year status review report on a petition to list tricolored blackbird (Agelaius tricolor) as a threatened or endangered species from the Department of Fish and Wildlife (Department).  In the status report the Department recommends listing the species as threatened under the California Endangered Species Act.  Because the species is so widely distributed and abundant, listing could have major impacts on building, farming, and public infrastructure activities and projects across ...

On January 30, 2018, the National Marine Fisheries Service (NMFS) issued a final rule listing the oceanic whitetip shark (Carcharinus lonigmanus) as a threatened species under the Endangered Species Act (ESA).  This final listing rule is the culmination of NMFS’ analysis following the 2015 petition filed by Defenders of Wildlife seeking to either list the species range-wide or, alternatively, to list two distinct populations (DPSs) of the oceanic whitetip shark.  In the final rule, NMFS notes that the shark is a globally-distributed species that has not undergone any range ...

As 2018 approaches, the U.S. Fish and Wildlife Service (Service) made a few announcements that will likely impact the list of threatened and endangered species.  In these last 11 days of 2017, the Service announced 90-day findings on petitions to list or reclassify five species, and 12-month findings on petitions to list or de-list two species under the ESA.

  • On December 20, 2017, the Service announced 90-day findings on petitions for five separate species. The Service found that the petitioned actions for each of the five species may be warranted, based on the information presented in ...

In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing interagency cooperation and exceptions to the conservation of endangered and threatened species of fish, wildlife, and plants. In a separate announcement in the same publication, the Department of the Interior stated that it intends to revise regulations governing the listing of endangered and threatened species and the designation of critical ...

Posted in Congress

Long ago, the framers of the Constitution decided to separate the federal government's powers into three branches, with each branch acting as a check on the other.  Broadly speaking, the legislative branch writes the law, the judicial branch decides what the law means, and the executive branch decides how to enforce the law.  Sometimes, however, the powers can overlap among the branches.

For example, besides writing the laws, the legislative branch also approves the budgets for the various federal agencies.  And if a particular agency budget does not include funds for ...

Posted in Listing

On October 17, 2017, the California Fish and Game Commission (Commission) published notice of its preliminary positive finding on a petition to list the Cascades frog (Rana cascadae) as threatened or endangered under the California Endangered Species Act (CESA).  The Cascades frog inhabits a variety of habitats—including large lakes, ponds, wet meadows and streams—at mid-to-high elevations from the Klamath-Trinity region, along the Cascades Range axis in the vicinity of Mt. Shasta, southward to the headwater tributaries of the Feather River.  The California populations ...

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (Service) announced 12-month not warranted findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (ESA).  It is likely that the Service’s not warranted findings represent the Trump administration’s departure from the previous administration’s  90-day determinations wherein the Service found that the petitions contain substantial information that listing may be warranted.  For over half of the 25 species, the not warranted findings satisfy the terms of various ...

On September 20, 2017, the U.S. Fish and Wildlife Service (USFWS) listed three separate species under the Endangered Species Act ("ESA").  USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the 'I'iwi (Drepanis coccinea) and pearl darter (Percina aurora) as threatened species under the ESA.  Despite listing all three species, the USFWS deferred designating critical habitat for the three species.  The three listing decisions, all of which were compelled by settlements that the USFWS entered into during the Obama administration, are summarized below.

On January 11, 2017, the U.S. Fish and Wildlife Service (Service) published a final rule listing the rusty patched bumble bee (Bombus affinis) as endangered under the Endangered Species Act (ESA).  The rusty patched bumble bee’s historic range encompassed areas of 28 states and the District of Columbia (Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota ...

Posted in Listing

The Candidate Notice of Review is an annual appraisal by the U.S. Fish and Wildlife Service (Service) of plants and animals that are candidates for Endangered Species Act protection.  A "candidate" species is a species for which there is sufficient information to support a proposal for listing as an endangered or threatened species under the Endangered Species Act, but the formal listing determination is delayed because of higher priority listing actions for other species.  The Candidate Notice of Review, among other things, "summarizes the status and threats ...

On October 5, 2016, the U.S. Fish and Wildlife Service (Service) listed a beetle species as endangered, a fish species as threatened, and designated critical habitat for the fish species pursuant to the Endangered Species Act (ESA).

The Service listed the Miami tiger beetle (Cicindelidia floridana), which occurs in Miami-Dade County, Florida, as endangered under the ESA.  According to the Service, the decline in the species is due to the impact of habitat loss, degradation, and fragmentation, the inadequacy of existing regulatory protections, and the beetle’s relatively ...

Posted in Listing

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act.  The owl is already listed as a threatened species under the Federal Endangered Species Act.  The Commission's action increased protections for the species by allowing for state and citizen enforcement actions through the California Department of Fish and Wildlife and the state courts.

In California, the northern spotted owl’s range extends south along ...

On August 10, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule to list the Texas hornshell (Popenaias popeii), a freshwater mussel, as an endangered species under the Endangered Species Act (ESA).  The species has been on the candidate species list for over a decade, and the proposed rule meets a listing determination deadline established by a 2011 multidistrict settlement agreement.  In the proposed rule, USFWS determined that the species is in danger of extinction due to habitat loss from loss of water flow, decreased water quality, increased accumulation of ...

On June 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a 90-day finding that listing populations of the Northwestern moose (Alces alces andersoni) under the Endangered Species Act (ESA) may be warranted.  The Service’s 90-day finding is in response to a petition filed in July 2015 by the Center for Biological Diversity and Honor the Earth, which asked that the moose be listed as a threatened or endangered distinct population segment (DPS).

The U.S. population of Northwestern moose inhabits the upper peninsula of Michigan, Minnesota, North Dakota and Wisconsin.  In ...

After filing an appeal with the U.S. Court of Appeals for the Fifth Circuit less than two weeks prior, on May 10, 2016, the U.S. Fish and Wildlife Service (Service) filed an unopposed motion to voluntarily dismiss its appeal of the district court decision that vacated the listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA).  The U.S. District Court for the Western District of Texas, Midland Division, identified a number of errors in the Service’s evaluation of the species under the criteria laid out in the ...

On April 21, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, Service) announced revisions to their proposed modifications  to  the Endangered Species Act (ESA) petition process. 81 Fed. Reg. 23,448 (Apr. 21, 2016) (pdf).  In May 2015, the Service announced proposed changes to the petition process for listing a species or seeking to change the listing status of a species under the ESA. 80 Fed. Reg. 29,286 (May 21, 2015) (pdf).  The Service’s proposed rule originally required petitions to list species to address only one species, contain ...

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 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 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.  ...

In a notice published on January 15, 2016, the U.S. Fish and Wildlife Service (Service) announced a draft methodology for prioritizing species status reviews and 12-month findings on petitions for listing species under the Endangered Species Act (ESA).  81 Fed. Reg. 2,229 (Jan. 15, 2016).  The Service currently has over 500 unresolved species status reviews and associated 12-month findings on petitions for listing, and intends to use the changes to its methods to set priorities on how and when those unresolved petitions will be addressed.  The Service’s draft methodology will not ...

Posted in Listing

On December 24, 2015, the U.S. Fish and Wildlife Service (Service) released its annual Candidate Notice of Review (CNOR) summarizing the status of species that qualify as candidates for listing under the Endangered Species Act (ESA).  The 2015 CNOR identifies all species designated as candidates and explains the changes to the candidate list from the 2014 CNOR.  The Service assigns each candidate species a listing priority number (LPN) indicating the magnitude of the threat to a species’ continued existence (with one being the highest priority, and twelve being the lowest ...

Posted in Conservation

On December 10, 2015, the California Fish and Game Commission (Commission) voted to advance the tricolored blackbird (Agelaius tricolor) as a candidate species for listing under the California Endangered Species Act (CESA).  The species is now subject to the same legal protections as endangered or threatened species under CESA.

As we previously reported, on June 11, 2015, the Commission voted not to make the tricolored blackbird a candidate for listing under CESA.  The species had been listed on an emergency basis in December 2014 but, as a result of the Commission’s inaction in ...

On October 27, 2015, the U.S. Fish and Wildlife Service (Service) issued a memorandum to the Service Regional Directors announcing new guidance to streamline findings on petitions to list species under the Endangered Species Act (ESA).  The stated purpose of the guidance is to streamline petition findings while ensuring [the Service] conducts an adequate review of petitions.   The memorandum clarifies that this guidance is interim guidance until the Service’s amendments to its petition listing rules are final.  Once finalized, the guidance will supersede previous guidance ...

During the last week of its fiscal year, the U.S. Fish and Wildlife Service (Service) made several findings under section 4 of the Endangered Species Act (ESA) to meet its obligations under the 2011 listing settlement workplan.  Below is a brief summary of these findings.

On September 29, 2015, the Service published a proposed rule to list four plant species from South Florida (specifically Miami-Dade and Monroe counties).  These include the Big Pine partridge pea (Chamaecrista lineata var. keyensis), the wedge spurge (Chamaesyce deltoidea ssp. Serpyllum) the sand flax (Linum ...

On September 22, 2015, Secretary of the Interior Sally Jewell announced that the greater sage-grouse (Centrocercus urophasianus) does not warrant protection under the Endangered Species Act (ESA).  The Department of the Interior is calling the greater sage-grouse strategy the largest land conservation effort in U.S. history and a 21st-century approach to conservation.  In reaching its not warranted finding, the U.S. Fish and Wildlife Service (Service) relied upon the collective conservation efforts of the Bureau of Land Management (BLM), U.S. Forest Service (USFS), State ...

Posted in Listing

On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California Endangered Species Act, but determined not to list the northern California evolutionarily significant unit.  In doing so, the Commission followed the recommendation of the California Department of Fish and Wildlife (Department).

According to the Department’s status review, [n]ative populations of fishers currently occur in Canada, the western United ...

On July 1, 2015, the U.S. Fish and Wildlife Service (Service) published notice of its 90-day findings on petitions to list 31 species under the Endangered Species Act (ESA).  Of these 31 species, all of which occur in the United States, the Service made positive 90-day findings on 21 petitions.  A positive finding on a listing petition prompts a 12-month review of each species by the Service to determine whether listing is warranted.  Of the remaining ten petitions, the Service concluded that nine petitions failed to provide substantial information demonstrating that listing action may be warranted.  Most species addressed in the findings originated from a 53-species mega-petition filed by the Center for Biological Diversity (CBD) in July 2012.  If the Service finalizes its May 21, 2015 proposed rule to revise the regulations for species listing petitions, multi-species petitions such as the one filed by CBD will no longer be accepted by the Service.

Perhaps most notably, the Service’s publication included a denial of the petition to reclassify or downlist the gray wolf (Canis lupis) from its current status as endangered to threatened.  Twenty-two petitioners (including the Humane Society of the United States, CBD, and the Sault Sainte Marie Tribe of Chippewa Indians) signed the 2015 petition requesting reclassification of the gray wolf (excluding the Mexican wolf subspecies (Canis lupus baileyi) throughout the conterminous United States).  The Service first concluded that the petition failed to provide substantial information indicating that the population proposed for reclassification may qualify as a distinct population segment.  The Service acknowledged that this finding alone was enough to deny the petition for reclassification, but stated that the status of the gray wolf has been a source of significant controversy over the past few years, and due to the controversy, also concluded that the petition did not provide substantial information indicating that the gray wolf at large would qualify as threatened rather than endangered.

Posted in Listing

Today, in response to a petition to list (pdf) filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius tricolor) a candidate for listing under the California Endangered Species Act (CESA).  As we reported, the Commission previously — in December 2014 — decided to list the species on an emergency basis principally on the basis of the petition and without the benefit of input from the California Department of Fish and Wildlife and interested parties.  The ...

Posted in Conservation

On May 29, 2015, the U.S. Bureau of Land Management (BLM),  in cooperation with the U.S. Forest Service, released Final Environmental Impact Statements for proposed amendments to existing Resource Management Plans (RMPs) for lands in ten western states.  The RMP amendments would establish conservation measures for the greater sage grouse (Centrocercus urophasianus) for approximately 50 million acres of federally-managed lands in California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah and Wyoming. The proposed RMP amendments are intended to ...

On April 27, 2015, the Chairman of the House Armed Services Committee, released the text (pdf) of the National Defense Authorization Act (Act), including language that would ban the U.S. Fish and Wildlife Service (Service) from issuing its listing decision for the greater sage-grouse (Centrocercus urophasianus) under the Endangered Species Act (ESA) through September 30, 2025.  The Act would also limit the application of federal conservation plans for the species.

As we previously reported, the greater sage-grouse is a candidate species under the ESA.  In 2010, the Service ...

After a relatively quiet start to the year, the National Marine Fisheries Service (NMFS) and U.S. Fish & Wildlife Service (FWS)  have issued findings and rules regarding the proposed listings of four separate species under the Endangered Species Act (ESA) over the last two days.  NMFS issued a 90-day finding on a petition to list the Gulf of Mexico population of Bryde's whale (Balaenoptera edeni) on April 6, 2015.  FWS issued a 12-month finding on a petition to list the Humboldt marten (Martes caurina humboldtensis) and proposed to list two species of crayfish - the Big Sandy crayfish ...

On February 10, 2015, the National Marine Fisheries Service and the National Oceanic Atmospheric Administration ("Services") issued a final rule (pdf) to include captive killer whales in the Southern Resident killer whale distinct population segment (DPS) of killer whales (Orcinus orca). The DPS has been listed as endangered under the federal Endangered Species Act (ESA) since 2005, but the listing excluded whales held in captivity. In January 2013, People for the Ethical Treatment of Animals petitioned the Services to remove the exclusion and extend the protections of ...

Posted in Listing

Today, in response to a petition to list (pdf) filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) extended protection to the tricolored blackbird (agelaius tricolor) on an emergency basis under the California Endangered Species Act.  The Commission previously -- in 2005 -- denied a petition from CBD to list the species.

While the tricolored blackbird is endemic to California, it is distributed through much of the State.  Census data on the species has been collected periodically over the past 20 years.  The ...

On November 12, 2014, the U.S. Fish & Wildlife Service (Service) listed as threatened and designated over 1.4 million acres of critical habitat for Gunnison sage-grouse (Centrocercus minimus), the smaller cousin of the greater sage-grouse (Centrocercus urophasianus).  The Gunnison sage-grouse’s (Gunnison) current range is limited to southwestern Colorado and southeastern Utah.

The regulations came as a blow to the State of Colorado, landowners, and others who have devoted considerable resources to the conservation of the Gunnison Basin population’s sagebrush ...

Posted in Listing

On October 6, the U.S. Fish and Wildlife Service (Service) issued a news release (pdf) announcing its proposal to list the West Coast Distinct Population Segment (West Coast DPS) of fisher (Pekanian pennanti) as threatened under the Federal Endangered Species Act (ESA), in part due to significant threats from illegal marijuana farming. 

The fisher belongs to a family of mammals that includes weasels and otters, and grows to about the size of a large house cat.  The Federal Register notice (pdf) regarding the proposed listing, which was published yesterday, states that the ...

The U.S. Fish and Wildlife Service (Service) has published (pdf) a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as endangered, twelve are plant species and nine are animal species. The two proposed threatened species are animal species.

All 23 species are found in the U.S. Territory of Guam and the U.S. Commonwealth of the Northern Mariana Islands. According to the proposed rule, the species are experiencing population level impacts as a result of habitat loss and ...

Posted in Listing

Last Friday, the U.S. Fish and Wildlife Service (Service) published its final rule listing the western yellow-billed cuckoo (Coccyzus americanus) as threatened under the Endangered Species Act (ESA). The species is an insect-eating bird found in riparian woodland habitat. The final rule lists loss of riparian habitat as the primary threat to the species and notes that conversion to agriculture, dam construction, river flow management, and overgrazing have all contributed to loss of the species’ habitat over the last several decades. The species has been listed in twelve ...

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On September 30, 2014, the U.S. District Court for the District of Columbia upheld (PDF) the U.S. Fish and Wildlife Service’s (Service) decision to withdraw (PDF) its proposal to list the dunes sagebrush lizard as an endangered species.  The Service found that threats to the lizard and its habitat have been reduced such that the species no longer meets the statutory definition of an endangered (or threatened) species.  

The dunes sagebrush lizard’s (Sceloporus arenicolus) range spans approximately 745,000 acres across southeastern New Mexico and western Texas in shinnery oak ...

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The U.S. Fish and Wildlife Service (Service) has declined to list two Nevada plants under the Endangered Species Act (ESA). On Wednesday, the Service published its 12-month findings on a petition to list the Churchill Narrows buckwheat (Eriogonum diatomaceum) and the Las Vegas buckwheat (Eriogonum corymbosum var. nilesii).

Section 4(a)(1) of the ESA lists five factors that the Service must examine when deciding whether to list a species as threatened or endangered: (1) the present or threatened destruction, modification, or curtailment of its habitat or range; (2 ...

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On September 12, 2014, the U.S. Fish and Wildlife Service (Service) published notice of its final rule listing the Georgia rockcress (Arabis georgiana) as a threatened plant species under the Endangered Species Act.  On the same day, the Service published notice of its final rule designating 732 acres within Georgia and Alabama as critical habitat for the species.  Designated critical habitat for the Georgia rockcress includes riparian and river bluff habitat within Gordon, Floyd, Harris, Muscogee and Clay Counties in Georgia and Bibb, Dallas, Elmore, Monroe, Sumter, and ...

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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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