On June 23, 2014, the United States District Court for the District of Columbia affirmed the strict application of the Endangered Species Act’s (ESA) pre-litigation notice requirements, dismissing a lawsuit alleging that the U.S. Fish & Wildlife Service (Service) failed to timely act on a number of listing petitions because the violations stated in the … Continue Reading
Yesterday, the House of Representatives approved the Open Book on Equal Access to Justice Act (H.R. 2919), which would amend existing law to require the Executive Branch to provide an annual report to Congress on the amount of fees and other expenses awarded to prevailing parties, other than the United States, in certain administrative proceedings and civil suits, including … Continue Reading
In August 2008, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to delist the Hawaiian hawk (Buteo solitarius), also referred to as the io, from the federal list of endangered or threatened species. The proposed rule states that the proposed action is "based on a thorough review of the best available scientific data, which indicates that … Continue Reading
Yesterday, the House Committee on Natural Resources held a second hearing regarding implementation and impacts of the Endangered Species Act. Today’s hearing was titled: Transparency and Sound Science Gone Extinct?: The impacts of the Obama Administration’s Closed-Door Settlement on Endangered Species and People. In a summary description issued before the hearing, the Committee stated that it anticipated the hearing would "highlight how the lack … Continue Reading
On March 29, 2013, after more than 11 years of litigation, the United States District Court for the District of Columbia held that a defendant, as the prevailing party, was entitled to attorneys’ fees under the Endangered Species Act’s fee shifting provision. See Animal Welfare Institute v. Feld Entertainment, Inc., No. 03-2006 (D.D.C. Mar. 29, 2013) (pdf). The fee provision states, in relevant part, … Continue Reading
On February 1, 2013, the U.S. Fish and Wildlife Service announced its proposal to list the wolverine (Gulo gulo luscus) as a threatened species under the Endangered Species Act. The proposed listing is the result of a court-ordered deadline established by a controversial settlement between the Service and two environmental organizations. (See our posts from … Continue Reading
On January 10, 2013, the United States District Court for the District of Alaska issued an order (pdf) vacating the U.S. Fish and Wildlife Service’s critical habitat designation for the polar bear after concluding that the Service failed to comply with substantive and procedural requirements in the Endangered Species Act. Specifically, the district court found that the administrative record produced … Continue Reading
On January 4, 2012, the United States Court of Appeals for the District of Columbia held (pdf) that Safari Club International (Safari Club) lacked standing to intervene as a matter of right in the litigation that resulted in two stipulated judgments establishing procedures and deadlines for reviewing listing and critical habitat determinations for 251 candidate species, thereby affirming the decision … Continue Reading
On December 17, 2012, the National Association of Home Builders, the Olympia Master Builders, the Home Builder Association of Greater Austin, and the Texas Salamander Coalition, Inc., filed a lawsuit (pdf) against the U.S. Fish and Wildlife Service and Ken Salazar, in his official capacity, alleging that when the Service entered into stipulated settlements with WildEarth Guardians (pdf) and … Continue Reading
