Endangered Species Law & Policy

On December 10, 2024, the U.S. Fish and Wildlife Service (Service) released its long-anticipated listing proposal for the monarch butterfly (Danaus plexippus), along with a proposed critical habitat designation and species-specific 4(d) rule (Proposed Rule). The Proposed Rule indicates the public comment period closes on March 12, 2025.

The Service has proposed listing the monarch as threatened primarily as a result of threats from past and ongoing loss and degradation of breeding, migratory, and overwintering habitat, exposure to insecticides, and the effects of climate ...

On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10.

If finalized, the regulations would do away with the distinction between candidate conservation agreements with assurances and safe harbor agreements, clarify that incidental take permits no longer need to have a federally listed species as the “lead” species, codify aspects of the agency’s five-point policy that provide detail on the necessary ...

On June 16, 2022, a vote by the California Fish and Game Commission (Commission) on whether the Western Joshua tree (Yucca brevifolia) should be listed as threatened under the California Endangered Species Act (CESA) resulted in a 2-2 tie. Pursuant to the Commission’s rules, the Western Joshua tree will remain a “candidate” under CESA and the issue will be taken up again at a subsequent Commission meeting. The Commission will take up the Western Joshua tree’s listing status at the agency’s October 12-13, 2022 meeting and will re-open the comment period on the species’ ...

On February 16, 2022, a California state court upheld protections afforded the western Joshua tree (Yucca brevifolia) under the California Endangered Species Act (CESA). The ruling came in connection with a lawsuit filed by the California Construction and Industrial Materials Association and others (Plaintiffs), alleging that the California Fish and Game Commission (Commission) failed to abide by its own rules in finding a petition to list the western Joshua tree indicated listing the tree may be warranted. A Commission finding that listing a species under CESA may be warranted ...

On December 17, 2020 the U.S. Fish and Wildlife Service (“USFWS”) published its 12-month finding that listing of the monarch butterfly (Danaus plexippus plexippus) is warranted but precluded by higher priority actions. With this finding, the monarch becomes a candidate species with a listing priority designation of “8.”  An “8” indicates the magnitude of threats to the monarch is moderate to low and those threats are imminent. In the announcement, the USFWS notes that 161 other species are currently prioritized above the monarch for listing consideration. Each year ...