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Determination of endangered and threatened species, §4

Defenders of Wildlife v. Jewell

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 withdrew the proposal; this lawsuit...

Defenders of Wildlife v. Jewell

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 updated information about conservation efforts...

Permian Basin Petroleum Ass'n v. Department of the Interior

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....

Friends of Animals v. Ashe

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 threatened under the ESA. Upon the filing of a...

Permian Basin Petroleum Ass'n v. Department of the Interior

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 state before making a listing decision. In...

National Ass'n of Home Builders v. United States Fish & Wildlife Service

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, whether 251 species should be listed as...

Humane Society of the United States v. Jewell

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 the agency to reinstate immediately the...

Humane Society of the United States v. Pritzker

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 as endangered or threatened under the ESA. When NMFS...

Defenders of Wildlife v. Jewell

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 that it failed to account for all of the...

Friends of the Wild Swan v. Ashe

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 prepare a recovery plan for listed species but...