Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service for Delay in Addressing Nine Species

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Center for Biological Diversity (“CBD”) sent a January 15th Notice of Intent to Sue (“Notice”) to the United States Fish and Wildlife Service (“Service”) for an alleged delay in addressing nine species that are:

. . . currently considered warranted but precluded from listing (“candidate species”) despite failing to make expeditious progress in listing of species.

The nine species referenced in the Notice include:

  • Hermes copper butterfly
  • Marrón bacora
  • Sierra Nevada red fox
  • Red tree vole (North Coast population)
  • Gopher tortoise (eastern population)
  • Berry Cave Salamander
  • Magnificent Ramshorn Snail
  • Puerto Rico harlequin butterfly
  • Longfin smelt (San Francisco Bay-Delta population)

The states in which the species are found include:

  • Alabama
  • California
  • Florida
  • Georgia
  • North Carolina
  • Oregon
  • Puerto Rico
  • South Carolina
  • Tennessee
  • U.S. Virgin Islands

CBD argues that the Service is in violation of the Endangered Species Act for failing to issue resubmitted petition findings for the nine candidate species as required 16 U.S.C. § 1533(b)(3)(C)(i). The letter is being submitted pursuant to the citizen suit provision of the Endangered Species Act.

A copy of the Notice can be found here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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