ESA Listings

News & Analysis as of

U.S. Fish and Wildlife Service Re-Opens Comment Period for Cuckoo Under Pressure from Congress

Yesterday, the U.S. Fish and Wildlife Service (Service) announced that it will re-open the public comment period on its proposal to designate 546,335 acres of critical habitat for the western population of yellow-billed...more

ESA Law Update: U.S. Fish and Wildlife Service Proposes to List West Coast Population of Fisher as Threatened Under Endangered...

The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific...more

Service Proposes to List Fisher DPS As Threatened

On October 6, the U.S. Fish and Wildlife Service (Service) issued a news release announcing its proposal to list the West Coast Distinct Population Segment (West Coast DPS) of fisher (Pekanian pennanti) as threatened under...more

U.S. Fish and Wildlife Service Proposes to List 23 Mariana Island Species as Threatened or Endangered

The U.S. Fish and Wildlife Service (Service) has published a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as...more

U.S. Fish and Wildlife Service Lists Western Yellow-Billed Cuckoo as Threatened

Last Friday, the U.S. Fish and Wildlife Service (Service) published its final rule listing the western yellow-billed cuckoo (Coccyzus americanus) as threatened under the Endangered Species Act (ESA). The species is an...more

Federal Court Agrees: Voluntary Conservation Agreements Sufficient to Keep Lizard Off the Endangered Species List

On September 30, 2014, the U.S. District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service’s (Service) decision to withdraw its proposal to list the dunes sagebrush lizard as an endangered species. ...more

Court Holds Lack of Specificity Dooms Wyoming Wolf Delisting

On September 23, 2014, the U.S. District Court for the District of Columbia invalidated the final rule issued by the U.S. Fish and Wildlife Service (Service) delisting the Wyoming Gray Wolf distinct population segment from...more

U.S. Fish & Wildlife Service Nixes Proposed Delisting of Central Valley Beetle Species

On September 17, 2014, the U.S. Fish and Wildlife Service (Service) withdrew its proposal to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Threatened and Endangered...more

Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more

Georgia Plant Listed and 732 Acres Designated

On September 12, 2014, the U.S. Fish and Wildlife Service (Service) published notice of its final rule listing the Georgia rockcress (Arabis georgiana) as a threatened plant species under the Endangered Species Act. On the...more

U.S. Fish and Wildlife Service Extends Protection for Canada Lynx

On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and...more

Federal Wolf Program Could Threaten Energy Development in the Permian Basin

The United States Fish & Wildlife Service (“FWS”) has announced an intention to revise the scope of the agency’s Mexican Wolf Recovery Program, significantly expanding the geographic area within southern Arizona and New...more

U.S. Fish and Wildlife Service Lists Two Florida Plants as Endangered

Last Thursday, the U.S. Fish and Wildlife Service (Service) issued a final rule listing two plants as endangered under the Endangered Species Act (ESA). The two species, Florida brickell-bush (Brickellia mosieri) and Carter’s...more

U.S. Fish and Wildlife Service is Accepting Comments on Revised Draft Recovery Plan for the Bull Trout

Yesterday, the U.S. Fish and Wildlife Service (USFWS) posted a Notice of Availability of the Revised Draft Recovery Plan for the Coterminous United States Population of Bull Trout. The plan is intended to manage threats and...more

Listing May Be Warranted for Clownfish

In a 90-day finding published this morning in the Federal Register, the National Marine Fisheries Service (NMFS) found that the listing of the orange clownfish (Amphiprion percula) "may be warranted" under the Endangered...more

District Court Rules Grizzly Bears Trump Montana's Plan to Log Forest Lands to Fund Schools

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended...more

Court Reluctantly Upholds Designation of Critial Habitat for Frog

Last week, the United States District Court for the Eastern District of Louisiana upheld the designation of approximately 1,544 acres of privately-owned timber land located in Louisiana as critical habitat for the dusky...more

U.S. Fish and Wildlife Service Declines to List Missouri River Trout Population

On August 20, 2014, the U.S. Fish and Wildlife Service (Service) declined to list the Upper Missouri River Distinct Population Segment of the Arctic Grayling (Thymallus arcticus) as threatened or endangered under the...more

New Decision in Mega ESA Case Dismisses Most Consultation Claims with Prejudice, Although Certain Claims Survive Pending Further...

In a wide-ranging decision issued on August 13, 2014, in Center for Biological Diversity v. EPA (N.D. Cal.) (often referred to as the "Mega ESA" case), Magistrate Judge Spero has dismissed most of the claims by the Plaintiffs...more

California District Court Dismisses ESA Section 7 Case for Failure to Allege that Agency Action Took Place on the "High Seas"

On August 12, a judge for the Northern District of California granted a motion to dismiss claims alleging that a federal agency violated section 7 of the Endangered Species Act (ESA) by failing to consult with federal...more

U.S. Fish and Wildlife Service Withdraws Proposal to List North American Wolverine as Threatened

The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to...more

California Environmental Law and Policy Update - August 2014 #4

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...more

U.S. Fish and Wildlife Service Lists Two Texas Minnows, Acknowledges Impacts to Water Management Likely

On August 4, 2014, the U.S. Fish and Wildlife Service (Service) announced its decision to list two small Texas minnows -- the sharpnose shiner (Notropis oxyrhynchus) and smalleye shiner (N. buccula) -- as endangered under the...more

U.S. Fish and Wildlife Service Issues Final Rule Protecting Three Flowers

On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule protecting three flowers under the Endangered Species Act (ESA). The three flowers -- the Short's bladderpod (Physaria globosa), fleshy-fruit...more

House Passes ESA Reform Package

On July 29, 2014, the U.S. House of Representatives passed Endangered Species Act (ESA) reform legislation introduced by members of the House Natural Resources Committee. As previously reported, the legislation consists of...more

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