Endangered Species Law & Policy

As recently reported in The Oregonian, the U.S. Fish and Wildlife Service (Service) has declared the Oregon chub (Oregonichthys crameri) recovered, and will remove the species from the list of federally threatened and endangered species.  According to the report, this is the first fish ever taken off the endangered species list.  In a previous report, the Service stated that the fish's improved status was attributable to the efforts of the Oregon Chub Working Group, and "successful introduction of Oregon chub into new locations within their historical range and the discovery ...

On January 29, the U.S. Fish and Wildlife Service (Service) announced (pdf) the reopening of the public comment period for a special rule originally proposed on May 6, 2013 that would allow for limited take of the lesser prairie-chicken (Tympanuchus pallidicinctus). As we previously reported, the proposed special rule was revised on December 11, 2013 to include a five-state conservation plan for the species. The proposed special rule allows for take of the lesser prairie-chicken as long as such take is incidental to activities conducted by an individual enrolled in the ...

The National Marine Fisheries Service (Service) recently announced (pdf) a proposed amendment to the regulatory language of the Endangered Species Act (ESA) listing for the Southern Resident killer whale Distinct Population Segment (DPS).  The amendment would remove the language excluding captive members of the population from ESA protection. The Service’s action comes in response to a petition submitted by the People for the Ethical Treatment of Animals to include Lolita as a protected member of the DPS. Lolita, the sole captive member of the Southern Resident killer whale ...

The U.S. Fish and Wildlife Service (Service) is seeking proposals (pdf) from states or territories for federal grants from the Cooperative Endangered Species Conservation Fund (Fund) for voluntary conservation projects that benefit candidate, proposed, or listed species.

The Fund is authorized under Section 6 of the Endangered Species Act (ESA) and provides four different grant programs: 1) Conservation Grants, which help implement conservation projects; 2) Recovery Land Acquisition Grants, which fund the acquisition of habitat in support of approved or draft species ...

On January 17, 2014, President Obama signed into law the $1.1 trillion dollar Omnibus Spending Bill, thereby funding the federal government through October 1.  Included in the Bill was a provision directing the Secretary of the Interior to reinstate an exemption that exempted the scimitar-horned oryx (Oryx dammah), the dama gazelle (Gazella dama), and the addax antelope (Addax nasomaculatus) from the Endangered Species Act.  The rider was introduced by Representative John Carter (R-Tex).  As we recently reported, proponents of the rider believe that exempting the species will ...

In Native Fish Society v. National Marine Fisheries Service, No. 3:12-cv-00431, environmental groups challenged the operation of the Sandy Hatchery along the Columbia River in Portland, Oregon. Among other things, plaintiffs argued that operation of the hatchery violates the Endangered Species Act (ESA) by causing take of listed fish species, including the Lower Columbia River Chinook, Lower Columbia River coho, Columbia River chum, and Lower Columbia River steelhead. Plaintiffs alleged the hatchery causes take due to competition from hatchery fish, introduction of ...

The U.S. Senate is set to consider exempting three antelope species from protection under the Endangered Species Act (ESA). The scimitar-horned oryx (Oryx dammah), the dama gazelle (Gazella dama), and the addax antelope (Addax nasomaculatus) - affectionately known as the Three Amigos - were exempted from 2005 until 2012, when the U.S. Fish and Wildlife Service relisted the species as endangered.

On January 15, the U.S. House of Representatives passed a $1.1 trillion spending bill (pdf) that would fund the federal government through the remainder of fiscal year 2014. Included in ...

The U.S. Fish and Wildlife Service (Service) recently released (pdf) its draft economic analysis (DEA) for its proposal to designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct population segment of the mountain yellow-legged frog (Rana muscosa), and the Yosemite toad (Anaxyrus canorus). The proposed critical habitat designation encompasses approximately 1,831,820 acres of habitat in California.

The purpose of the DEA is to identify and analyze the potential economic impacts associated with the proposed critical ...

As we previously reported, the U.S. Fish and Wildlife Service (Service) has proposed to list the Gunnison sage-grouse (Centrocercus minimus) and the Greater sage-grouse (Centrocercus urophasianus) as endangered and threatened species under the Endangered Species Act, and to designate millions of acres of land as critical habitat for the species.  (See our prior posts on January 23, 2013 and October 29, 2013.)  Because of the controversy surrounding the proposed listings and designations, the Service has extended the comment period on the proposals to ensure that the public has ...

The U.S. Fish and Wildlife Service (Service) recently affirmed (pdf) its decision to list the White Bluffs bladderpod (Physaria douglasii subsp. tuplashensis) as threatened under the Endangered Species Act (ESA).  The Service also revised its designation of critical habitat for the plant species to exclude certain private and state lands in Franklin County, Washington.

The Service previously published a final rule to list the species (pdf) and designate critical habitat (pdf) on April 23, 2013.  However, the Service delayed the effective date of these rules in order to accept ...