ELR Citation: 42 ELR 20181
No(s). 11-5128 (D.C. Cir. Aug 17, 2012)

The D.C. Circuit held that FWS did not violate the ESA by removing the West Virginia Northern Flying Squirrel from the list of endangered species even though several criteria in the agency's recovery plan for the species had not been satisfied. The FWS Secretary reasonably interpreted the ESA as not...