On June 16, 2022, a vote by the California Fish and Game Commission (Commission) on whether the Western Joshua tree (Yucca brevifolia) should be listed as threatened under the California Endangered Species Act (CESA) resulted in a 2-2 tie. Pursuant to the Commission’s rules, the Western Joshua tree will remain a “candidate” under CESA and the issue will be taken up again at a subsequent Commission meeting. The Commission will take up the Western Joshua tree’s listing status at the agency’s October 12-13, 2022 meeting and will re-open the comment period on the species’ ...
On May 19, 2022, the Center for Biological Diversity (CBD) filed a lawsuit in the U.S. District Court for the District of New Mexico, challenging the U.S. Fish and Wildlife Service’s (Service) failure to make a timely 12-month finding on the group’s petition to list the dunes sagebrush lizard (Sceloporus arenicolus) (DSL), which was submitted to the agency in 2018.
The DSL is no stranger to controversy. In 2002, CBD and others petitioned the Service to list the DSL due to alleged threats to the species’ habitat caused by oil and gas production. In 2004, the Service determined that ...
On February 16, 2022, a California state court upheld protections afforded the western Joshua tree (Yucca brevifolia) under the California Endangered Species Act (CESA). The ruling came in connection with a lawsuit filed by the California Construction and Industrial Materials Association and others (Plaintiffs), alleging that the California Fish and Game Commission (Commission) failed to abide by its own rules in finding a petition to list the western Joshua tree indicated listing the tree may be warranted. A Commission finding that listing a species under CESA may be warranted ...
On February 8, 2022, the U.S. Fish and Wildlife Service (Service) published findings on several petitions to list species under the Endangered Species Act (ESA), some of which have been highly anticipated.
Pursuant to an August 2020 settlement agreement between the Service, WildEarth Guardians, and Western Watersheds Project, the Service published a 12-month finding on a petition to list the Sonoran desert tortoise (Gopherus morafkai). The tortoise is patchily distributed across 68,600 square miles in the Sonoran Desert ecoregion of Arizona and Sonora, Mexico. In its 12-month ...
In July 2021, CalTrout submitted a petition to the California Fish and Game Commission (Commission) to list a population of the fish Oncorhynchus mykiss, referred to as the Southern California Steelhead or Southern Steelhead, as an endangered species under the California Endangered Species Act (CESA). The population extends from the Santa Maria River system on the central coast of California to the border with Mexico. ...
On January 12, 2022, the General Land Office of Texas (GLO) filed a lawsuit in the U.S. District Court for the Western District of Texas, challenging the U.S. Fish and Wildlife Service’s (Service) July 27, 2021 negative 90-day finding on a petition to delist the endangered golden-cheeked warbler (Setophaga chrysoparia) (Negative 90-day Finding). The Negative 90-day Finding is the second 90-day finding issued by the Service on the same petition to delist the golden-cheeked warbler.
GLO challenged the first 90-day finding, published on June 3, 2016, as arbitrary and capricious on ...
Last week, the Center for Biological Diversity (CBD) filed suit against the U.S. Fish and Wildlife Service in the U.S. District Court for the Central District of California, alleging that the agency violated the Endangered Species Act (ESA) when it failed to timely determine whether the Santa Ana speckled dace (hinichthys osculus ssp.) and the Long Valley speckled dace (Rhinichthys osculus ssp.) warrant listing as endangered or threatened species. …
On September 20, 2021, the U.S. District Court for the Central District of California set aside the U.S. Fish and Wildlife Service’s (Service) negative 12-month finding (Finding) on a petition by WildEarth Guardians (Guardians) to list the Joshua tree (Yucca brevifolia) as threatened under the Endangered Species Act (ESA).
The petition had alleged that the Joshua tree is threatened by the effects of climate change and its associated effects, including drought and increasing wildfires. On September 14, 2016, the Service issued a positive finding on Guardians’ petition ...
Today, the U.S. Fish and Wildlife Service (Service) announced its 90-day findings on petitions to list two proposed distinct population segments (DPS) of the gray wolf (Canis lupus) as threatened or endangered under the Endangered Species Act (ESA): a Northern Rocky Mountains DPS and a Western United States DPS. The Service determined that listing may be warranted, and announced its intention to initiate a status review for these populations of the species.
In 1978, except for the Minnesota population, the gray wolf was listed as an endangered species throughout the ...
The U.S. Fish and Wildlife Service (Service) recently listed the Franklin’s bumble bee as an endangered species under the Endangered Species Act. Historical records indicate that the species is endemic to southwest Oregon and northern California. The last known record of the species dates back to 2006. The Service’s decision is the culmination of a listing process that began 11 years ago with the submission of a petition to list by the Xerces Society in 2010.
In its press release announcing the decision, the Service both noted that Franklin’s bumble bee has the smallest known ...
Earlier this week, the U.S. Fish and Wildlife Service (Service) published a Federal Register notice addressing 90-day findings for three separate species. With the notice, two species moved one step closer to being listed under the federal Endangered Species Act (ESA).
In July of 2020, the Service received a petition to list the Alexander Archipelago wolf (Canis lupus ligoni) as an endangered or threatened species. The wolf’s current range includes Alaska and Canada. The Service concluded in the 90-day finding that listing may be warranted due to potential threats associated ...
In an article published this week in California Fish and Wildlife, co-authors Stephanie Clark, Ashley Remillard and I provide an overview of the process of determining whether to list species as threatened or endangered, and thereby protect them, under the California Endangered Species Act (CESA). Listing is the gateway to protection under CESA. The process is analogous to listing under the federal Endangered Species Act in certain respects but it also differs in a number of respects, perhaps the most important being that the decision whether to list a species is made by the Fish and ...
On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a rule interpreting the Endangered Species Act (“ESA”) that was jointly issued by the United States Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) in 2003: The “Policy for Evaluation of Conservation Efforts When Making Listing Decisions,”(68 Fed. Reg. 15,100 ...
The U.S. Fish and Wildlife Service (USFWS) has announced the next chapter in the lesser prairie chicken’s (Tympanuchus pallidicinctus) (LEPC) tumultuous listing history. On May 26, 2021 the USFWS announced that it will propose a rule to establish a Northern distinct population segment (DPS) and a Southern DPS of the LEPC. USFWS has proposed to list the Southern DPS – consisting of portions of New Mexico and Texas – as endangered. If finalized, the ESA take prohibition would apply across the Southern DPS without exception. The USFWS proposes to list the Northern DPS ...
On May 17, 2021, the United States Court of Appeals for the Ninth Circuit held that a U.S. Fish and Wildlife Service (Service) rule requiring that affected states receive a 30-day notice of an intent to file a petition to list a species as endangered or threatened is inconsistent with the Endangered Species Act (ESA). See Friends of Animals v. Haaland, Case No. 20-35318 (9th Cir. May 17, 2021); 50 C.F.R. § 424.14(b).
In reaching its decision, the Ninth Circuit reviewed the Service’s rulemaking under a two-step framework established by the Supreme Court in the landmark case Chevron U. S ...
The U.S. Fish and Wildlife Service (Service) recently announced its finding that three salamander species do not warrant listing as endangered or threatened species under the Endangered Species Act (ESA). The Service’s announcement follows a court-approved settlement agreement in which the Service agreed to make a 12-month finding for the Shasta salamander (Hydromantes shastae), Samwel salamander (H. samweli), and Wintu salamander (H. wintu). The finding comes despite concerns from some environmental groups that a proposed project to raise the height of the Shasta Dam and ...
On August 6, 2019, the U.S. Fish and Wildlife Service (FWS) published a 90-day finding that listing the Yellowstone Park bison (Bison bison bison) under the Endangered Species Act is not warranted. FWS also found that listing the Mojave poppy bee (Perdita meconis) and revising the critical habitat designation for the endangered Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis) may be warranted ...
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 March 27, 2015, the National Marine Fisheries Service (NMFS) accepted two petitions asking NMFS to list the Porbeagle shark (Lamna nasus) as threatened or endangered under the Endangered Species Act either throughout the entirety of its global range, or as distinct population segments (DPS) occurring in the Northwest Atlantic, the Northeast Atlantic, and the Mediterranean. (80 Fed. Reg. 16,356 [pdf].) The petitions, filed separately by Wild Earth Guardians and the Humane Society of the United States, were originally rejected as not warranted by NMFS in July 2010. Both ...
Coming in just under the wire for the New Year, the U.S. Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) published new rules today, making December a very busy month for Endangered Species Act (ESA) listing decisions. Below are the latest items from FWS and NMFS to be published in 2014.
December 31, 2014 - FWS issued a 90-day finding on a petition to list the Monarch Butterfly (Danaus plexippus plexippus) as a threatened species under the ESA. FWS found that the information and sources cited in the petition present substantial commercial or scientific ...
In an article published in Yale Environment 360 on July 22, 2010, Todd Woody chronicles the ongoing campaign by various environmental organizations to use the Endangered Species Act to compel the U.S. Fish and Wildlife Service and National Marine Fisheries Service to regulate greenhouse gas (GHG) emissions.
The article, Enlisting Endangered Species As a Tool to Combat Warming, recounts the perils facing the American Pika, previously blogged about here, to illustrate the broader strategy aimed at forcing the Services to regulate GHG emissions.
As noted in our blog post ...
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.
Stay ConnectedRSS Feed
- Bald and Golden Eagle Protection Act
- Climate Change
- Construction Projects
- Continuing Education
- Court Decisions
- Critical Habitat
- Endangered Species Act
- Fish & Wildlife Service
- Freedom of Information Act
- Government Administration
- Migratory Bird
- National Marine Fisheries Service
- Pacific Northwest
- Regulatory Reform
- Sacramento-San Joaquin Delta
- Speaking Engagements
- Supreme Court
- Water Issues