Endangered Species

Summary: Friends of Animals (FOA) filed a citizen petition under the Endangered Species Act (ESA) to get the Department of Interior to determine whether the spider tortoise and flat-tail tortoise were endangered species. After waiting two years for an answer, FOA filed suit, arguing the Department’s silence had caused the group various injuries. The district court, however, found the supposed harms did not rise to the level of “concrete and particularized” injuries in fact, and granted the Department's motion to dismiss FOA's complaint for lack of subject-matter jurisdiction.

Summary: The Animal Welfare Institute and Defenders of Wildlife (Petitioners) hereby petition the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, to list the Northwest Atlantic population of thorny skate (Amblyraja radiata) as an endangered or threatened Distinct Population Segment (DPS), pursuant to the Endangered Species Act (ESA) (16 U.S.C. § 1531–44). In the alternative, Petitioners request NMFS to list a U.S. DPS of the thorny skate as a threatened or endangered species. In addition, Petitioners seek the designation of critical habitat concurrently with any listing of the thorny skate, as authorized by statute.

Summary: Plaintiffs brought an action against the Defendants, challenging the U.S. Fish and Wildlife Service (“FWS”)'s November 28, 2012 Final Rule designating 30,010 acres in Idaho and Washington as critical habitat for the southern Selkirk Mountains population of woodland caribou under the Endangered Species Act (“ESA”). Specifically, plaintiffs alleged (1) that the Final Rule's critical habitat designation was arbitrary and capricious because the Defendants failed to explain how the limited amount of critical habitat designated was sufficient to recover this population of caribou and (2) that Defendants failed to provide public notice and comment on the substantially revised critical habitat designation before issuing the Final Rule. Defendants and Intervenors argued that the Final Rule satisfied the requirements of the ESA and the Administrative Procedures Act ("APA").While the district court stated that the Final Rule's analysis seemed reasonably based on the best available science, it refused to make a conclusive determination on the arbitrary and capricious issue because procedural requirements necessitated a further public review and comment period. The court therefore found the error in this case was a procedural one resulting from the FWS failing to provide a period of public review and comment on the Final Rule's critical change in reasoning. The Court therefore remanded this matter to the FWS to cure the procedural error by affording the necessary public comment period and to consider anew the critical habitat designation in light of those comments.

Summary: The following is a list of petitions submitted by the Animal Welfare Institute (AWI) and other advocacy groups to United States agencies. These petitions seek changes to rule-making for various animal welfare issues and also seek designations under the federal Endangered Species Act. The provided links for each action give a summary and links to the actual filed petitions. The petitions are listed with the most recent one filed at the top of the page.

Summary: The Animal Welfare Institute (AWI) formally requests that the United States Fish and Wildlife Service (USFWS) list the pygmy three-toed sloth (Bradypus pygmaeus) as endangered under the federal Endangered Species Act (ESA) on an emergency basis. Alternatively, if the USFWS determines that an emergency listing is not warranted in this case, AWI requests that it process this listing petition pursuant to the standard timetable as required under the ESA.

Summary: In 1996, the Endangered Species Act was up for reauthorization, and with it, a variety of reform proposals were debated in the Biodiversity Protection Conference at the University of Colorado—Boulder. The following conference proceeding -- which included natural resource scholars, experts from the private and nonprofit sectors, and government officials--examined the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and examples of implementation of the Act from across the West. Special attention was given to major issues raised by the Act that cut across all regions, including: consultations and recovery planning; habitat conservation plans; the ESA and water rights; the ESA and state programs; the ESA and tribal rights; economic impacts of the ESA; and ESA reform proposals.

Summary: This is a brief overview of the regulation of Great Apes under the Endangered Species Act.

Summary: This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes.

Summary: The Humane Society of the United States sued to overturn the United States Fish and Wildlife Service's 2012 Final Rule to delist the Great Lakes gray wolves from the endangered species list. The US District Court called the 2012 Final Rule "arbitrary and capricious" under the Administrative Procedure Act and in violation of the Endangered Species Act. The District Court thus relisted the wolves and placed them back under the control of the United States Fish and Wildlife Service in Michigan, Wisconsin, and Minnesota.