Tag Archives: ESA

Fish and Wildlife Service Proposes De-Listing the Black Capped Vireo

On December 15, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to remove the black-capped vireo (Vireo atricapilla) from the list of Endangered and Threatened Species. The Service has concluded that listing is no longer warranted due to the species’ recovery. The vireo is a small migratory songbird that breeds and … Continue Reading

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue of whether an incidental take statement is required for plant species.  In Center for Biological Diversity v. … Continue Reading

Bipartisan ESA Bill Proposes Funding for State Programs

In a year that has already seen its fair share of attempts to reform the Endangered Species Act (“ESA”), another proposal has made its way into the House of Representatives.  Representatives Don Young (R-Alaska) and Debbie Dingell (D-Michigan) introduced the “Recovering America’s Wildlife Act” (H.R. 5650) on July 7, 2016.  The bill is based on … Continue Reading

Lesser Prairie-Chicken Appeal Abandoned

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 … 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

NMFS Designates Additional Critical Habitat for North Atlantic Right Whales

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 … Continue Reading

Court Holds Pre-Violation Notice Under the Endangered Species Act Is Akin to No Notice At All

Under the Endangered Species Act (ESA), a citizen plaintiff is required to provide a notice no less than 60-days before filing certain types of lawsuits against the federal government.  For example, a 60-day notice is required before a citizen plaintiff may file a lawsuit seeking to compel the U.S. Fish and Wildlife Service (Service) to issue a decision on an ESA listing petition.  The primary purpose … Continue Reading

U.S. Fish and Wildlife Service to Survey Habitat Conservation Banks

On July 24, 2015, the U.S. Fish and Wildlife Service (Service) published a notice seeking authorization from the Office of Management and Budget to evaluate habitat conservation banks established under the Endangered Species Act (ESA) through a survey of bank sponsors and managers.  80 Fed. Reg. 44,147.  The Service and the Department of the Interior’s … Continue Reading

U.S. Fish & Wildlife Service: Polar Bear Unlikely to Survive a Warming Climate

On July 6, 2015, the U.S. Fish & Wildlife Service (Service) published a Draft Polar Bear (Ursus maritimus) Conservation Management Plan (Polar Bear Plan).  The Polar Bear Plan identifies the continuing loss of sea-ice habitat as the single greatest threat to the species’ continued survival, and the global reduction of greenhouse gases (GHG) as the most important action … Continue Reading
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