Tag Archives: Fish & Wildlife Service

FWS Ordered to Explain Rio Grande Cutthroat Trout Decision

On September 26, 2019, the U.S. District Court for the District of Colorado vacated and remanded in part the U.S. Fish and Wildlife Service’s (Service) 2014 determination that listing the Rio Grande cutthroat trout (Oncorhynchus clarki virginalis) under the Endangered Species Act (ESA) was not warranted. The Rio Grande cutthroat trout is native to high-altitude … Continue Reading

Services Delay New Consultation Regulations

On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) announced the finalization of regulations governing implementation of various aspects of the Endangered Species Act (ESA). Among those regulations were rules setting forth how the Services and other federal agencies were to consult on potential impacts of federal activities … Continue Reading

FWS Rejects Petitions to List Yellowstone Bison, But Other Listing and Critical Habitat Designations May be Warranted

On August 6, 2019, the U.S. Fish and Wildlife Service (FWS) published a 90-day finding that listing the Yellowstone Park bison (Bison bison bison) under the Endangered Species Act is not warranted. FWS also found that listing the Mojave poppy bee (Perdita meconis) and revising the critical habitat designation for the endangered Mount Graham red … Continue Reading

Texas Cactus Officially Downlisted to Threatened

Today, the U.S. Fish and Wildlife Service (Service) finalized its reclassification of the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), a small cactus found in Texas, downlisting the species from endangered to threatened under the Endangered Species Act (ESA). As previously reported here, the Service concluded that downlisting the cactus was warranted given an increase … Continue Reading

Preble’s Meadow Jumping Mouse Stays Put on List of Threatened Species

On April 17, 2018, the U.S. Fish and Wildlife Service (Service) reached a negative “90-day finding” on a petition to remove the Preble’s meadow jumping mouse (Zapus hudsonius preblei) from the List of Threatened and Endangered Species.  The Service’s finding was in response to a petition to delist the mouse filed by the Pacific Legal … Continue Reading

FWS Proposes to Downlist Hawaiian Nene and Allow Limited Incidental Take

On April 2, 2018, the U.S. Fish and Wildlife Service (Service) proposed downlisting the Hawaiian goose (Branta sandvicensis), locally known as the “nene,” from endangered to threatened under the Endangered Species Act (ESA).  The Service also proposed adopting a special rule pursuant to ESA section 4(d), known as a “section 4(d) rule,” allowing incidental take … Continue Reading

Cascades Frog Takes Another Leap Toward Listing under CESA

On October 17, 2017, the California Fish and Game Commission (“Commission”) published notice of its preliminary positive finding on a petition to list the Cascades frog (Rana cascadae) as threatened or endangered under the California Endangered Species Act (“CESA”).  The Cascades frog inhabits a variety of habitats—including large lakes, ponds, wet meadows and streams—at mid-to-high … Continue Reading

Hualapai Mexican Vole Removed from List of Endangered Species Due to Erroneous Listing

On June 23, 2017, the U.S. Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the original 1987 listing of the HMV under the Endangered Species Act (ESA) was in error.  Based upon more recent scientific and commercial … Continue Reading

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles of new roads in the Kootenai National Forest. The Kootenai National Forest is managed pursuant to the … Continue Reading
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