Jump to Navigation
Jump to Content

Determination of endangered and threatened species, §4

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...

National Ass'n of Home Builders v. U.S. Fish & Wildlife Service

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 deadlines whether to list 251 species as...

Conservation Force v. Jewell

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 international conservationists—argued that...

Friends of Blackwater v. Salazar

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...

Western Watersheds Project v. United States Fish & Wildlife Service

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-precluded” decision, focusing on a key finding by the...

Center for Biological Diversity v. Salazar

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 protection under the ESA. In 2004, an...

Greater Yellowstone Coalition v. Servheen

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's threatened species list. Given the lack of...