Endangered Species Law & Policy

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued a ruling holding that the United States Fish and Wildlife Service’s (Service) decision not to modify a recovery plan for the grizzly bear (ursus arctos horrbilis) was not a final agency action subject to review under the Administrative Procedure Act (APA).

In 1975, the Service listed the grizzly bear as a threatened species under the Endangered Species Act (ESA).  At the time of listing, the grizzly bear’s population in the contiguous United States fell to between 700-800 individuals.  Pursuant to its ...

On Tuesday, January 14, 2020, the U.S. Fish and Wildlife Service (Service) published a federal register notice that it will be commencing a comprehensive study of the status of the Grizzly bear (Ursus arctos horribilis).  This study, called a 5-year status review, could lead to a change in the bear’s status as a protected species under the Endangered Species Act (ESA).  This 5-year review was spurred by a lawsuit filed by the Center for Biological Diversity, which alleged that the Service failed to complete the required status review on time.  The Service and Center for Biological ...

The U.S. District Court for the District of Montana has approved a partial settlement between the Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (Service) requiring that the Service complete and post a status review of the lower-48 grizzly bear (Ursus arctos horribilis) populations no later than March 31, 2021.  Earlier this year, CBD filed a lawsuit challenging the Service’s alleged failure to update a 1993 federal recovery plan for the species.  The partial settlement disposes of CBD’s first claim for relief, which alleged that the Service had ...

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis).  According to the Service, the Greater Yellowstone Ecosystem Distinct Population Segment (Yellowstone DPS) of the grizzly bear has recovered to the point that federal protections are no longer necessary and overall management of the species can be returned to the states and tribes.

The Yellowstone DPS consists of grizzlies in portions of northwestern Wyoming, southwestern ...