Its always endangered species day

The U.S. Fish and Wildlife Service has declared today “Endangered Species Day.” The irony of dedicating one day on the calendar to species conservation is that every day is endangered species day if you operate an irrigation project; own a farm, … Continue reading

FWS dismisses state and local protections of gopher as too flexible

Yesterday, the U.S. Fish and Wildlife Service listed four subspecies of Mazama pocket gopher as threatened under the Endangered Species Act. As PLF explained in a comment letter last year, this listing is inappropriate and unnecessary because it doesn’t recognize the … Continue reading

Ninth circuit should re-examine flawed ESA precedent in re-hearing drakes bay appeal

This morning PLF, joined by the California Cattlemen’s Association and the Building Industry Association of the Bay Area, filed an amicus brief in support of Drakes Bay Oyster Company’s petition for rehearing en banc of the Court’s September decision in … Continue reading

The ESA and economic impacts

Last month, as I’ve noted already, the United States Fish & Wildlife Service and the National Marine Fisheries Service finalized joint amendments to their regulations implementing the Endangered Species Act’s critical habitat provisions.  One of these amendments codifies the agencies’ … Continue reading

New ESA regulations on critical habitat

Last week, the United States Fish & Wildlife Service and the National Marine Fisheries Service finalized amendments to the Services’ joint regulations governing the designation of critical habitat.  (PLF filed critical comments on the proposed changes).  Specifically, the amendments affect … Continue reading

PLF sues fish and wildlife service to compel it to do its job

This week, PLF filed suit against the United States Fish & Wildlife Service, after the Service delayed delisting two species, and down-listing another, for more than five years.   The Service has known that these three species should be reclassified based … Continue reading

Environmental law and “discretion”

One issue I have been thinking a lot about recently, particularly in light of the Supreme Court’s denial of cert in The New 49′ers v. Karuk Tribe of California, is the scope of the duty of federal agencies to consult, … Continue reading

Econonic analysis and the Endangered Species Act

Today’s Wall Street Journal has an oped “Fishing for wildlife lawsuits” (behind paywall) from the Editors criticizing, inter alia, the Fish and Widlife Service’s proposed policy interpreting how to assess the economic impacts of critical habitat designation under the Endangered Species … Continue reading

A “bear” of a decision for water users

Last month, Judge Selna of the Central District of California rejected, in Bear Valley Mutual Water Co. v. Salazar, a challenge to the critical habitat designation of the Santa Ana Sucker, a “threatened” fish protected under the Endangered Species Act.  … Continue reading