Determination of endangered and threatened species, §4

A district court held that FWS' delay in developing and implementing a recovery plan for the Canada lynx, which was listed as threatened in 2000, is unreasonable. The ESA directs FWS to…

A district court upheld two court-approved settlement agreements between environmental advocacy groups and the FWS in a multi-district litigation that require the agency to determine by certain…

The D.C. Circuit denied petitions to downlist the straighthorned markhor, a subspecies of wild goat found in Pakistan, from endangered to threatened. The petitioners—safari clubs, hunters, and…

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…

A district court upheld the FWS' "warranted-but-precluded" finding for the sage-grouse under the ESA. An environmental group challenged the “precluded” portion of the “warranted-but…

A district court set aside and remanded the FWS' 12-month finding that the desert bald eagle does not qualify as a distinct population segment (DPS) of bald eagles entitled to statutory…

The Ninth Circuit affirmed in part and reversed in part a lower court decision vacating the FWS' decision to remove the Yellowstone distinct population segment of grizzly bears from the ESA…

A district court upheld the National Marine Fisheries Service's (NMFS') decision to list the Cook Inlet beluga whale as endangered under the ESA. The state of Alaska, an oil company, and…

A district court held that the FWS violated NEPA, but not the ESA, when it issued a special rule that specifies the protective mechanisms that apply to the polar bear as a result of its threatened…

The D.C. Circuit held that a single sighting of a protected species is insufficient to render a property "occupied" for purposes of designating critical habitat under the ESA. In 2007,…