Tag Archives: Section 4

U.S. Fish and Wildlife Service Issues Proposed Listings and Designates Critical Habitat Pursuant to 2011 Listing Settlement Workplan

During the last week of its fiscal year, the U.S. Fish and Wildlife Service (“Service”) made several findings under section 4 of the Endangered Species Act (“ESA”) to meet its obligations under the 2011 listing settlement workplan.  Below is a brief summary of these findings. On September 29, 2015, the Service published a proposed rule … Continue Reading

Court Vacates Polar Bear Special Rule, Upholds Ban on Importation of Sport-Hunted Trophies

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

Court Upholds the Fish and Wildlife Service’s Interpretation of “Endangered Species” and Decision to List the Polar Bear as Threatened

In a closely watched and hotly contested challenge to the U.S. Fish and Wildlife Service’s decision to list the Polar Bear as a threatened species under the Endangered Species Act (ESA) in the final listing rule at 73 Fed. Reg. 28,212 (May 15, 2008) (pdf), the U.S. District Court for the District of Columbia issued a 116-page opinion … Continue Reading

Fish and Wildlife Service Finds Delta Smelt Warrants Uplisting from Threatened to Endangered

The Fish and Wildlife Service announced that the delta smelt warrants uplisting (PDF) from "threatened" to endangered" under the Endangered Species Act.  However, uplisting at this time is precluded by the need to address higher priority species.  This "warranted but precluded" finding will not have any practical effect on existing protections for the delta smelt.  … Continue Reading

National Marine Fisheries Service Lists Pacific Smelt As Threatened

The National Marine Fisheries Service ("NMFS") has issued a final determination (PDF) listing the southern Distinct Population Segment of Pacific eulachon (commonly referred to as "pacific smelt") as a threatened species under the federal Endangered Species Act.  Because the pacific smelt has only been listed as a "threatened species," the listing does not result in an immediate prohibition on pacific smelt … Continue Reading

Fish and Wildlife Service Designates 1.6 Million Acres of Critical Habitat for California Red-Legged Frog

For the third time in nine years, the Fish and Wildlife Service has revised the designation of critical habitat for the California red-legged frog. The new designation includes 1.6 million acres in 20 counties in California. 75 Fed. Reg. 12,816 (Mar. 17, 2010) (PDF). The revised designation increases the amount of critical habitat by over … Continue Reading

Groups Sue Over Greater Sage Grouse Candidate Determination

Western Watersheds Project is again challenging the Fish and Wildlife Service’s listing determination for the greater sage grouse.  On March 5, 2010, the Service determined that listing the greater sage grouse was warranted but precluded by higher priority species, thereby deeming the greater sage grouse a candidate species, which does not receive any protection under … Continue Reading

Greater Sage Grouse Listing Warranted But Precluded

co-authored by Robert Thornton After seeking a week’s delay, the Fish and Wildlife Service has announced that the greater sage grouse warrants protection under the Endangered Species Act, but listing is currently precluded by higher priority species.  The Service is placing the greater sage grouse on the candidate list for future action.  Until then, the … Continue Reading