The U.S. Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat (Myotis septentrionalis) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). While Service policy indicates the agency should identify in a listing rule activities that would or would not result in a violation of the “take” prohibition set forth in section 9 of the ESA, the Service indicates in the Proposed Rule that it is unable to identify specific activities what would not violate the take prohibition. The Service points to the need for ...
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 ...
This week, the U.S. Fish and Wildlife Service (FWS) published a 12-month finding on a petition to revise the critical habitat designation for the endangered Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis) under the Endangered Species Act (ESA). The Mount Graham red squirrel is a subspecies of red squirrel occurring only in certain high-elevation areas of the Coronado National Forest in Arizona.
In December of 2017, a group of eNGOs including the Center for Biological Diversity submitted a petition to FWS, requesting that the agency expand the subspecies’ ...
In a per curiam decision, the United States Court of Appeals for the D.C. Circuit dismissed the Center for Biological Diversity’s (CBD) challenge to the Fish and Wildlife Service’s (Service) process for assessing the status of species to inform regulatory decisions with respect to those species. That process, referred to as species status assessment (SSA), is akin to a biological risk assessment for the target species. It has been developed by the Service over the past several years and provides a more structured approach to assessing listing, delisting, uplisting, and ...
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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