Endangered Species Law & Policy

On February 17, 2015, the U.S. Fish and Wildlife Service announced its final decision to remove the Oregon chub (Oregonichthys crameri) from the Federal List of Endangered and Threatened Wildlife under the Federal Endangered Species Act (ESA). The decision to delist the chub also removes designated critical habitat for the chub throughout its range.

The Oregon chub is endemic to the Willamette River drainage of western Oregon. The Service listed the Oregon chub as endangered on October 18, 1993. The Service designated critical habitat for the chub in a final rule published on March ...

On January 28, 2015, Congressman Bill Flores (R-TX) introduced House Bill H.R. 585 (pdf), which seeks to amend the Endangered Species Act of 1973 (ESA) to establish a new procedure for approval of certain stipulated consent decrees between the federal government and third parties.  Specifically, in cases brought under the ESA's citizen suit provision (16 U.S.C. § 1540(g)), H.R. 585 would require that parties interested in intervening in a lawsuit would have 30 days to intervene, during which time the parties in the case would not be able to file a motion for a consent decree or to ...

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 the listing excluded whales held in captivity. In January 2013, People for the Ethical Treatment of Animals petitioned the Services to remove the exclusion and extend the protections of ...

On February 2, 2015 the National Marine Fisheries Service (Service) announced its plan to extend the period for public comments on its December 3, 2014 proposed designation of critical habitat for the threatened Arctic Ringed Seal (Phoca hispida hispida), reported on this blog.  (80 FR 5498 [pdf].)  The Service’s proposed rule would designate millions of acres in the Bering, Beaufort, and Chukchi seas as critical habitat for the threatened Arctic Ringed Seal.  The public comment period will now remain open until March 31, 2015.  Additionally, the Service announced that a fifth ...

The Transportation Research Bureau ("TRB"), a division of the National Research Council within the National Academies, has released a report entitled Innovative Airport Responses to Threatened and Endangered Species (pdf).  The report is intended to assist airport sponsors and operators in addressing federally listed species issues on or near their facilities.  The introduction to the report includes the following summary of its contents:

"ACRP Report 122 first introduces relevant regulations and then provides a discussion of potential areas of conflict between ...

Last week, the U.S. Fish and Wildlife Service (Service) published three new rules, continuing its flurry of activity from December as we previously noted here and here.  Below are the latest final and proposed rules issued by the Service.

January 16, 2015 – The Service issued a final rule listing the Mexican wolf (Canis lupus baileyi) (pdf) as endangered under the Endangered Species Act (ESA).  The Mexican wolf is a subspecies of the gray wolf that was listed as endangered in the southwestern United States and Mexico in April of 1976.  When the gray wolf was listed as endangered in 1978, it ...

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 ...

Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a petition to delist the gnatcatcher may be warranted. (Federal Register PDF).   The petition asserts that the listing of the Coastal California gnatcatcher as a distinct subspecies is not based on the best scientific data available as is required by the Endangered Species Act.  Nossaman prepared the petition on behalf of the National Association of Home ...

The United States District Court for the District of Columbia recently held (pdf) that the U.S. Fish and Wildlife Service (Service) violated the Endangered Species Act (ESA) when it issued a final rule delisting gray wolves in nine states (Final Rule) because the Service’s interpretation of the ESA, particularly its identification of a Distinct Population Segment (DPS) to support delisting, was unreasonable.  Humane Society of the United States v. Jewell, Case No. 13-186 (D.D.C. Dec. 19, 2014).

The Final Rule, which took effect in January 2012, is the Service’s fourth ...

As numerous news outlets reported, see L.A. Times and S.F. Chronicle, the United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court and affirming a biological opinion and reasonable and prudent alternative issued by the National Marine Fisheries Service with respect to the continuing operation of the Central Valley Project by the Bureau of Reclamation and the State Water Project by the California Department of Water Resources.  The Projects provide water to more than 20 million Californians.

The panel's decision relies heavily on a prior ...