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Determination of endangered and threatened species, §4

Polar Bear Endangered Species Act Listing

A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing that the polar bear should have been listed...

American Wildlands v. Norton

The court holds that the U.S. Fish and Wildlife's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and capricious. The FWS concluded that listing the...

Biodiversity Legal Found. v. Badgley

The court reverses a district court decision and holds that the U.S. Fish and Wildlife Service (FWS) does not have discretion under Endangered Species Act (ESA) §4 to make an initial determination to list a petitioned species beyond the...

Defenders of Wildlife v. Norton

The court holds that the U.S. Department of the Interior's (DOI's) decision to withdraw a proposed rule recommending the flat-tailed horned lizard for protection under the Endangered Species Act (ESA) was arbitrary and capricious. The...

Center for Biological Diversity v. Norton

The court holds that the U.S. Fish and Wildlife Service's (FWS') petition management guidance policy violated the plain terms of the Endangered Species Act (ESA) and that the Secretary of the Interior improperly relied on the policy...

Building Indus. Ass'n of Superior Cal. v. Norton

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as...

Southwest Ctr. for Biological Diversity v. Babbitt

The court holds that a district court acted outside its authority when it ordered the U.S. Fish and Wildlife Service (FWS) to conduct an onsite population count of the Queen Charlotte goshawk in order to determine if the species should...

Forest Guardians v. Babbitt

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could not complete the minnow's critical habitat...

Building Indus. Ass'n of Superior Cal. v. Babbitt

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered...

Oregon Natural Resources Council v. Daley

The court denies a state's motion to stay a decision that the National Marine Fisheries Service (NMFS) improperly decided that the evolutionary significant unit of coho salmon did not warrant listing as a threatened species under the...