Tag Archives: Endangered

What Might Justice Kavanaugh Mean for the ESA?

On July 9, 2018, President Trump nominated Judge Brett Kavanaugh, who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit, to replace retiring Associate Justice Anthony Kennedy on the U.S. Supreme Court. While much of the public discourse about Judge Kavanaugh’s nomination has focused on hot-button issues like abortion and … Continue Reading

U.S. Fish & Wildlife Service Announces Initiation of 5-Year Status Review for 50 Species

On Monday, June 18, 2018, the U.S. Fish and Wildlife Service (“FWS”) announced that it has initiated five year status reviews for fifty species in California, Nevada, and the Klamath Basin of Oregon, pursuant to the Endangered Species Act (“ESA”).  Included among the species whose ESA listing status is being reviewed are 19 animal species, … Continue Reading

Texas Cactus Officially Downlisted to Threatened

Today, the U.S. Fish and Wildlife Service (Service) finalized its reclassification of the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), a small cactus found in Texas, downlisting the species from endangered to threatened under the Endangered Species Act (ESA). As previously reported here, the Service concluded that downlisting the cactus was warranted given an increase … Continue Reading

FWS Proposes to Downlist Hawaiian Nene and Allow Limited Incidental Take

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 … Continue Reading

FWS De-lists One California Desert Plant, Down-lists Another

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 … Continue Reading

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

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 … Continue Reading

California Supreme Court Orders Court of Appeal to Consider Merits of CESA Decision on Coho Salmon

On February 27, 2017, the California Supreme Court reversed a Court of Appeal decision dismissing a petition for writ of mandate regarding the California Fish and Game Commission’s (Commission) rejection of a petition to delist the population of coho salmon (Oncorhynchus kisutch) south of San Francisco under the California Endangered Species Act (CESA).  Central Coast … Continue Reading

Up For Debate: What’s the Real Cost of Endangered Species Predation?

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Migratory Bird Treaty Act (MBTA).  The Oversight Hearing is entitled “The Costly Impacts of Predation and Conflicting Federal Statutes on … Continue Reading

Federal Agencies Revise Killer Whale Listing to Include Whales Held in Captivity

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 … Continue Reading
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