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Environmental Policies Delisting Conservation

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Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

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Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative...more

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District Court Upholds Final Rule Downlisting American Burying Beetle

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On September 30, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Fish and Wildlife Service (Service) in a case challenging the agency’s final rule downlisting the...more

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Fish and Wildlife Service Proposes Delisting Apache Trout

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On August 11, 2023, the U.S. Fish and Wildlife Service (Service) published a proposed rule to delist the Apache trout (Oncorhynchus apache) under the Endangered Species Act (ESA) due to the species’ recovery.  The Apache...more

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Service Makes Four 90-Day Findings and Initiates Status Reviews of Two Species

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On August 23, 2022, the U.S. Fish and Wildlife Service (Service) issued a notice in response to petitions seeking to list, delist, or revise the critical habitat of four species under the Endangered Species Act (ESA). The...more

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July 5 District Court Rulings Vacate ESA Provisions

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On July 5, 2022, a federal court vacated three regulations implementing portions of the Endangered Species Act (“ESA”) related to interagency consultation, the prohibition of take of threatened species, and critical habitat...more

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Golden-cheeked Warbler Back in Federal Court

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On January 12, 2022, the General Land Office of Texas (GLO) filed a lawsuit in the U.S. District Court for the Western District of Texas, challenging the U.S. Fish and Wildlife Service’s (Service) July 27, 2021 negative...more

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Service Proposes Delisting 23 Species Due to Extinction and 1 Spider Due to Taxonomic Revision

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Last week, the U.S. Fish and Wildlife Service (Service) published two proposed rules to delist a total of 24 species under the Endangered Species Act (ESA).  First, the Service published a proposed rule delist 23 species as a...more

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FWS Delists Cumberland Sandwort Under the ESA

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On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in...more

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Recovered Running Buffalo Clover Delisted from the ESA

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Last Friday, the U.S. Fish and Wildlife Service (“USFWS”) finalized the removal of the now-recovered Trifolium stoloniferum (running buffalo clover) from the list of endangered and threatened wildlife and plants protected...more

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FWS Proposes Downlisting the Razorback Sucker

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On July 7, 2021, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the razorback sucker (Xyrauchen texanus) no longer warrants listing as an...more

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ESA Implementation Thrown Into Flux

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On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration. ...more

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Six Island Species to be Removed from ESA Protections

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In the first week of May, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants...more

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Gray Wolf Removed from Endangered Species List & Environmental Groups File Notice of Intent to Sue

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On November 3, 2020, the United States Fish & Wildlife Service (“Service”) published a final rule removing the gray wolf (canis lupus) from the federal list of Endangered and Threatened Species in the lower 48 United States...more

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Smelt Get a Review, But No Change In Status

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On November 16, 2020, the U.S. Fish and Wildlife Service (“USFWS”) published its annual review of species that are candidates for listing as either threatened or endangered species, its findings on resubmitted petitions for...more

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Ninth Circuit Rejects Greater Yellowstone Grizzly Bear Delisting

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For the second time in a decade, the U.S. Court of Appeals for the Ninth Circuit has invalidated a decision by the U.S. Fish and Wildlife Service (Service) to remove the Greater Yellowstone grizzly bear (Ursus arctos...more

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Service Must Revisit Whether To Delist Golden-Cheeked Warbler

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On January 15, 2020, the United States Court of Appeals for the Fifth Circuit reversed a lower court decision that upheld the determination of the U.S. Fish and Wildlife Service (Service) denying a petition to delist the...more

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FWS Proposes Removing Interior Least Tern from ESA Protection

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On October 24, 2019, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the interior least tern (Sterna antillarum) is no longer warranted for...more

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FWS Ordered to Explain Rio Grande Cutthroat Trout Decision

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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...more

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Fish and Wildlife Service Delists Foskett speckled dace

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On September 13, 2019, the U.S. Fish and Wildlife Service (Service) posted a final rule removing the Foskett speckled dace (Rhinichthys osculus ssp.) from the federal List of Endangered and Threatened Wildlife....more

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U.S. Fish and Wildlife Ordered to Take Fresh Look at Petition to Delist Bone Cave Harvestman

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On March 28, 2019, a federal judge overturned the U.S. Fish and Wildlife Service’s (“USFWS”) rejection of a petition to delist an endangered karst invertebrate species, the Bone Cave harvestman (Texella reyeisi) (“BCH”),...more

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U.S. Fish and Wildlife Service Issues Proposed Rule to Delist the Gray Wolf

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On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. ...more

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Trump Administration Announces Plan to End Gray Wolf Protections

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Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered...more

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Chub Back from the Brink – An ESA Success Story

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On February 26, 2018, the U.S. Fish and Wildlife Service issued a proposed rule to delist the Borax Lake chub (Gila boraxobius), a small fish that currently resides primarily in a single Oregon lake. ...more

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Judge upholds Service’s denial of petition to delist golden-cheeked warbler

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On February 6, 2019, a federal judge upheld U.S. Fish and Wildlife Service’s (Service) 90-day finding that a petition to delist the endangered golden-cheeked warbler (Petition) did not present substantial information that...more

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