In This Issue:
- Court Invalidates Critical Habitat Designation
- Expert Witness: Chuck Knight
- Endangered Species Listings on The Rise: How to Protect Your Rights if an Endangered Species is Listed on Your Property
-About Marzulla Law
Excerpt from "Endangered Species Listings on The Rise: How to Protect Your Rights if an Endangered Species is Listed on Your Property"
On July 12, 2011 FWS entered into a settlement with two environmental groups that, according to FWS, will dramatically reshape the process of listing species under the Endangered Species Act, and affect potentially many thousands of acres of valuable commercial land and water rights. The settlement requires FWS to take action on pending petitions for 757 different species over the next seven years, and provides a schedule each year for FWS to act on identified listing petitions. Despite the settlement, each of the 757 listing decisions can be challenged under the Administrative procedure Act, and all such decisions are ultimately subject to challenge as a taking under the Just Compensation Clause.
Although FWS is free not to list a species in the review process, it is obvious that this Settlement will result in a massive uptick in the listing of species - in the forty years since ESA was passed, only 2,000 species have been listed....
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