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Endangered Species Act (ESA) Regulatory Oversight Rulemaking Process

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Unified Agenda Forecasts Proposed and Final Listings and Critical Habitat Designations for Species Found in Eastern States

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As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the...more

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Unified Agenda Forecasts Anticipated Timing of ESA Regulations

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda, published twice a year, lists the...more

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Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...more

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Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

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The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

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Service Lists Foothill Yellow-Legged Frog Distinct Population Segments Under the ESA

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On August 29, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing two distinct population segments (DPS)—the North Feather and Central Coast DPSs—of the foothill yellow-legged frog (Rana boylii)...more

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Critical Habitat Proposed for Sacramento Mountains Checkerspot Butterfly

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On August 10, 2023, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas Anicia cloudcrofti) under the Endangered...more

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Service Proposes to List Two Mussel Species and Designate Critical Habitat in Texas

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On July 25, 2023, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list two mussel species, the Salina mucket (Potamilus metnecktayi) and Mexican fawnsfoot (Truncilla cognata), as endangered under the...more

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U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for the Sickle Darter

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On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The...more

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Service Proposes Listing Two California Salamander Species with Critical Habitat Designations

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On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander...more

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U.S. Fish and Wildlife Service Agrees to Make Listing Decision on Dunes Sagebrush Lizard

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On August 25, 2022, the U.S. Fish and Wildlife Service (Service) filed a stipulated settlement agreement (Agreement) in a case challenging the agency’s failure to timely make a 12-month finding on a petition to list the dunes...more

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Diminutive Desert Owl Makes Big Waves

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On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more

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Threatened Listing and 4(d) Rule for Texas Plant Species

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On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower (Streptanthus bracteatus), a plant species found only in Texas, as a threatened species under the...more

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Service Proposes Critical Habitat Designation for Coastal DPS of Pacific Marten

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On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more

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U.S. Fish & Wildlife Service Proposes Listing Bog Buck Moth as Endangered

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On October 14, 2021, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth (Hemileuca maia menyanthevora) (= H.iroquois) as endangered under the Endangered Species Act (ESA)....more

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Service Proposes Delisting 23 Species Due to Extinction and 1 Spider Due to Taxonomic Revision

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Last week, the U.S. Fish and Wildlife Service (Service) published two proposed rules to delist a total of 24 species under the Endangered Species Act (ESA).  First, the Service published a proposed rule delist 23 species as a...more

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USFWS Issues 12-month Findings on Chipmunk, Moss, Butterflies, and Springsnails

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This week, the U.S. Fish and Wildlife Service (USFWS) issued three separate notices in the Federal Register concerning the agency’s 12-month findings on a number of petitions to list various wildlife and plants under the...more

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U.S. Fish and Wildlife Service to Consider Re-Listing Gray Wolf Populations under ESA

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Today, the U.S. Fish and Wildlife Service (Service) announced its 90-day findings on petitions to list two proposed distinct population segments (DPS) of the gray wolf (Canis lupus) as threatened or endangered under the...more

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USFWS Gives Texas Salamanders Prime Real Estate

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On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more

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FWS Delists Cumberland Sandwort Under the ESA

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On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in...more

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Service to Further Evaluate Listing of Wolf and Mussel, But Not Delisting of Warbler

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Earlier this week, the U.S. Fish and Wildlife Service (Service) published a Federal Register notice addressing 90-day findings for three separate species.  With the notice, two species moved one step closer to being listed...more

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ESA Implementation Thrown Into Flux

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On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration. ...more

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Court rejects challenge to grizzly bear recovery plan

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In December 2020, the United States District Court for the District of Montana issued an order on cross-motions for summary judgment concluding that it lacked jurisdiction—under both the Administrative Procedure Act (APA) and...more

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USFWS Proposes Rule Codifying “Critical Habitat” Exclusion Analysis

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On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section...more

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Initiation of 5-year Status Reviews for 66 Species in California and Nevada

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On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada....more

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Service Launches Comprehensive Review of Grizzly Bear ESA Status

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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)....more

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