On September 23, 2014, the U.S. District Court for the District of Columbia invalidated the final rule issued by the U.S. Fish and Wildlife Service (Service) delisting the Wyoming Gray Wolf distinct population segment from the Federal List of Endangered and Threatened Species, concluding that Wyoming’s regulatory protections were unenforceable and therefore inadequate for purposes of delisting … Continue Reading
On January 31, 2013, the National Marine Fisheries Service (NMFS) issued a proposed rule to regulate the impact of United States Navy exercises on marine mammals. The rule would affect areas off the Southern California, Atlantic, and Hawaiian coastlines. The proposed rule is in response to the Navy’s request for authorization to incidentally take (e.g., harm … 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
Today, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) published a notice of proposed rulemaking (PDF) in the Federal Register that will, if adopted, change the Services’ standards for listing and delisting species as threatened or endangered under the Endangered Species Act (ESA). See Draft Policy on Interpretation of the Phrase … Continue Reading
On October 17, 2011, U.S. District Judge Sullivan issued two opinions in the Polar Bear litigation previously blogged about here. In the first opinion (pdf), Judge Sullivan held that the U.S. Fish & Wildlife Service violated the National Environmental Policy Act (NEPA) by issuing a rule under section 4(d) of the Endangered Species Act (ESA) regarding take … Continue Reading