On May 3, 2019, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule to downlist the American burying beetle (Nicrophorus americanus) from endangered to threatened. The Service also proposed a rule under section 4(d) of the Endangered Species Act (“ESA”) to allow many routine activities to occur within the range of the species, even if they … Continue Reading
On Monday, June 18, 2018, the U.S. Fish and Wildlife Service (“FWS”) announced that it has initiated five year status reviews for fifty species in California, Nevada, and the Klamath Basin of Oregon, pursuant to the Endangered Species Act (“ESA”). Included among the species whose ESA listing status is being reviewed are 19 animal species, … Continue Reading
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
On April 3, 2018, the U.S. Fish and Wildlife Service (Service) published a final to rule listing the yellow lance mussel (Elliptio lanceolata) as threatened under the Endangered Species Act (ESA). The final rule states that only seven populations of this freshwater mussel remain, all of which are located in Maryland, Virginia, and North Carolina. … Continue Reading
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
On February 27, 2018, the U.S. Fish and Wildlife Service (FWS) finalized a regulation removing Eureka Valley evening-primrose (Oenothera californica ssp. eurekensis) from the Federal List of Endangered and Threatened Plants. The delisting, originally proposed in 2014, is based on the elimination of threats to the subspecies, accomplished largely as a result of the 1994 … Continue Reading
On January 30, 2018, the National Marine Fisheries Service (NMFS) issued a final rule listing the oceanic whitetip shark (Carcharinus lonigmanus) as a threatened species under the Endangered Species Act (ESA). This final listing rule is the culmination of NMFS’ analysis following the 2015 petition filed by Defenders of Wildlife seeking to either list the … Continue Reading
On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the ‘I’iwi (Drepanis coccinea) and pearl darter (Percina aurora) as threatened species under the ESA. Despite listing all three species, the USFWS deferred … Continue Reading
On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue of whether an incidental take statement is required for plant species. In Center for Biological Diversity v. … Continue Reading
