Endangered Species Law & Policy

The  Associated Press is reporting that the federal government intends to issue a final rule delisting the gray wolf (Canis lupus) in Wyoming on August 31, 2012 (The Missoulian, Aug 14, 2012, by Ben Neary).  The Fish and Wildlife Service proposed (pdf) removal of the gray wolf in Wyoming from the list of endangered and threatened species on October 5, 2011, and reopened the comment period (pdf) on that proposal on May 1, 2012.

On August 13, 2012, the United States Court of Appeals for the Ninth Circuit laid to rest litigation that threatened to profoundly affect water and power supplies for 25 million people throughout the arid Southwest.

In Grand Canyon Trust v. U.S. Bureau of Reclamation (pdf), the Ninth Circuit held that the U.S. Bureau of Reclamation (Reclamation) is not required to consult with the U.S. Fish and Wildlife Service (Service) under section 7 of the Endangered Species Act (ESA) every year when it prepares an annual operating plan for the Glen Canyon Dam.

The court held ...

In a recent decision (pdf), the United States District Court for the District of Idaho remanded a determination (pdf) by the U.S. Fish and Wildlife Service to list slickspot peppergrass (Lepidium papilliferum), a small, flowering plant in the mustard family, as threatened under the Endangered Species Act.  The controversy  over the listing of the species has spanned more than a decade, resulting in numerous Service determinations and court orders.

Slickspot peppergrass is only found in portions of Idaho.  Idaho's Governor, Butch Otter, and others brought the case challenging the ...

An article was published today in the E&E Reporter entitled "Petitions for new species protection wobble balance in FWS settlement with environmentalists."  The article, authored by Allison Winter, provides an interesting lens through which to view the ongoing struggle between the federal wildlife agencies and environmental groups.  In 2011, the U.S. Fish and Wildlife Service (Service), Wild Earth Guardians, and the Center for Biological Diversity (CBD) entered into a settlement agreement, which was subsequently approved by a federal court, obligating ...

The U.S. Fish and Wildlife Service (Service) recently announced a proposal to protect 40 different species native to Hawaii under the Endangered Species Act (ESA).  The Federal Register notice of the announcement can be found here (pdf).  The proposal encompasses 37 plant species, including herbs, shrubs, trees, and ferns, and three species of tree snails.  The species are native to the Hawaiian Islands of Moloka'i, Lana'i, Kaho'olawe, and Maui.  They are found in 11 different ecosystem types.

The Service's announcement also included critical habitat designation for 39 of the ...

Today Governor Brown and Secretary of the Interior Salazar announced plans to construct two tunnels to transport water under the Sacramento-San Joaquin Delta in an effort to guarantee a stable water supply for Californians and contribute to the protection and recovery of the Delta ecosystem and at-risk species.  In a press release that accompanied the announcement, the federal and state officials stated "the parties expect to issue a draft Bay Delta Conservation Plan and corresponding Environmental Impact Report/Environmental Impact Statement for public review this fall."

The United States Court of Appeals for the Ninth Circuit issued a 2-1 decision (pdf) affirming a lower court holding that plaintiff environmental groups lacked standing to challenge the renewal of certain water contracts by the Bureau of Reclamation and that other contract renewals by the Bureau were not subject to consultation under section 7(a)(2) of the Endangered Species Act because the renewals constituted non-discretionary actions outside the scope of the consultation requirement.

At issue in the case was the renewal of water contracts between the Bureau and two sets of ...

Effective August 13, 2012, the Chupadera springsnail's 28-year candidacy for listing will be over.  In a final rule (pdf) issued July 12, 2012, the U.S. Fish and Wildlife Service listed the Chupadera springsnail (Pyrgulopsis chupaderae)  as endangered, and designated critical habitat for the species in the only two units where it is known to occur in Socorro County, New Mexico.

The Chupadera springsnail is a tiny freshwater snail endemic ot Willow Spring and an unnamed spring nearby located on private land near the southeast end of the Chupadera Mountains.  Because the ...

In an article published in July 2012, in the Journal of Environmental Economics and Management, Christian Langpap and Joe Kerkvliet of Oregon State University assess the effectiveness of habitat conservation plans.  The abstract reads:

Habitat conservation plans (HCPs) have become a key instrument for implementation of the Endangered Species Act (ESA) on private land. However, there is no systematic analysis of their effectiveness in promoting endangered species recovery. This paper is the first to provide a comprehensive analysis of the impact of HCPs on species recovery ...

According to Ryan McCarthy with KeysNet (June 27, 2012), the County Commission in Monroe County, Florida has agreed to take responsibility for reviewing permits for new development within the county to ascertain whether such development is likely to affect species listed as threatened or endangered under the federal Endangered Species Act.  The County took this action to avoid suspension of the National Flood Insurance Program (NFIP) there by the Federal Emergency Management Agency (FEMA).  Monroe County was the locus of the first lawsuit under the Endangered Species Act (ESA ...