Determination of endangered and threatened species, §4

The Ninth Circuit upheld NMFS' decision to list a distinct population segment (DPS) of the Pacific bearded seal under the ESA based on future impacts of climate change. Using climate…

A district court held that FWS violated the ESA when it decided not to list the wolverine as a threatened species. FWS proposed to list the wolverine in 2013, but then changed course in 2014 and…

The D.C. Circuit upheld FWS' decision to withdraw its proposal to list as endangered the dunes sagebrush lizard in New Mexico and Texas. After FWS proposed to list the lizard, it received…

A district court denied a motion to amend its prior ruling vacating FWS' listing of the lesser prairie chicken as a threatened species under the ESA. FWS argued that the court should have…

The D.C. Circuit dismissed a conservation group's lawsuit against FWS for failing to make a timely determination on their petition to list certain species of sturgeon as endangered or…

A district court vacated an FWS rule listing the lesser prairie chicken as a threatened species under the ESA. ESA §4(b) requires FWS to take into account conservation efforts being made by any…

The D.C. Circuit held that building and development associations lacked standing to challenge consent decrees that require FWS to determine, in accordance with a settlement-defined schedule,…

A district court, in a 100+-page opinion, vacated an FWS rule removing the western Great Lakes distinct population segment (DPS) of gray wolves from the ESA’s list of protected species and ordered…

A district court vacated and remanded the National Marine Fisheries Service's (NMFS') decision denying environmental and animal rights groups' petitions to list the porbeagle shark…

A district court upheld FWS' withdrawal of a proposed rule that would have listed the dunes sagebrush lizard as an endangered species. Environmental groups challenged the decision, arguing…