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Findings on petitions to list, §4(b)(3)

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...

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...

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...

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...

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...

Biodiversity Legal Found. v. Babbitt

The court holds that the U.S. Fish and Wildlife Service (FWS) did not violate Endangered Species Act (ESA) §4(b)(3)(A) when it relied on its 1997 listing priority guidance and failed to make a preliminary 90-day finding on a petition to...