Louisiana-Mississippi Map Turtles/Endangered Species Act: Center for Biological Diversity Federal District Challenge to U.S. Fish and Wildlife Service for Failure to List

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

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The Center for Biological Diversity and Healthy Gulf (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Fish and Wildlife Service (“Service”) alleging a:

. . . failure to comply with the nondiscretionary deadlines set forth in the Endangered Species Act . . . Specifically, the Service failed to determine whether the Pascagoula map turtle . . . and Pearl River map Turtle . . . warrant protection as endangered or threatened under the Endangered Species Act within the congressionally mandated timeline set forth in Section 4 of the Act . . .

The Pascagoula and Pearl River map turtles are stated to be found only in Louisiana and Mississippi.

CBD argues that the turtles are threatened by habitat loss and degradation from dams, point-bar mining, pollution and river channelization.

The Complaint asks that the Court enter a judgment providing the following relief:

(1) Declare that Defendants violated the Endangered Species Act by failing to issue a timely 12-month finding regarding whether listing the Pascagoula map turtle and Pearl River map turtle as endangered or threatened is warranted;

(2) Order Defendants to issue, by date certain, a finding regarding whether listing the Pascagoula map turtle and Pearl River map turtle as endangered or threatened is warranted;

(3) Grant Plaintiffs their attorneys’ fees and costs in this action, as provided by the Endangered Species Act, 16 U.S.C. § 1540(g)(4); and

(4) Provide such other relief as the Court deems just and proper.

A copy of the Complaint can be downloaded here.

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