Recent Articles

9th Circuit says Forest Service need not consult on suction mining in Klamath River because no "agency action" allowed the mining activity

Keith Rizzardi
August 01, 2011 02:32

Karuk Tribe of California v. U.S. Forest Service, 640 F.3d 979 (9th Cir. 2011). FACTUAL BACKGROUND: The Klamath River (River) runs from Oregon, through California, to the Pacific Ocean. As it winds through Northern California, it crosses through the ...Karuk Tribe of California v. U.S. Forest...

Federal Judge in D.C. defers to FWS 4(d) rule on threatened status of the polar bear

Keith Rizzardi
July 31, 2011 03:51

In re: Polar Bear Endangered Species Act Listing and ?4(d) Rule Litig., Misc. No. 08-764, 2011 U.S. Dist. LEXIS 70172 (D.D.C., June 30, 2011). BACKGROUND: Several lawsuits challenging the Fish and Wildlife Service's (the Service) 2008 decision to list ...In re: Polar Bear Endangered Species Act...

Federal Judge in D.C. says ESA dispute over EPA's FIFRA registration of Rozol will proceed

Keith Rizzardi
July 31, 2011 03:41

Defenders of Wildlife v. Jackson, CV 09-1814, 2011 U.S. Dist. LEXIS 62461 (D.D.C., June 14, 2011). BACKGROUND: The U.S. Environmental Protection Agency (EPA) registered Rozol under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) on May 13, ...Defenders of Wildlife v. Jackson, CV...

Federal Judge in Louisiana says plaintiffs lacked standing to bring ESA claims in Deepwater Horizon case

Keith Rizzardi
July 31, 2011 03:30

In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, MDL 2179, 2011 U.S. Dist. LEXIS 63642 (E.D. La., June 16, 2011). This multidistrict litigation consists of hundreds of cases arising from the April 20, 2010 explosion, ...In re: Oil Spill by the Oil Rig...

Federal Judge in Arizona says U.S. Forest Service actions for Mexican wolf, and work with FWS, fulfilled ESA demands

Keith Rizzardi
July 31, 2011 03:20

Defenders of Wildlife et al. v. U.S. Fish and Wildlife Service. Wildearth Guardians et al. v. U.S. Fish and Wildlife et al., CV 08-280 TUC DCB, CV 08-820 PHX DCB, 2011 U.S. Dist. LEXIS 66000 (D. Ariz., June 13, 2011). BACKGROUND: In 1982, the U.S. Fish ...Defenders of Wildlife et al. v. U.S. Fish...

Federal Judge in Colorado requires FWS to take another look at Graham's penstemon

Keith Rizzardi
July 31, 2011 03:11

Center for Native Ecosystems v. U.S. Fish and Wildlife Service, CV 08-cv-2744-WDM-BNB, 2011 U.S. Dist. LEXIS 61321 (D. Colo., June 9, 2011). BACKGROUND: The Graham’s penstemon is an herbaceous perennial plant that occurs uniquely on exposed, raw ...Center for Native Ecosystems v. U.S. Fish...

Extinction rider averted, for now.

Keith Rizzardi
July 31, 2011 02:57

While Congress may still bring on financial Armageddon, at least our legislators thought better of passing the "extinction rider."  Instead of ending the funding for the entire Endangered Species Act listing program (see prior ESA blawg), ...While Congress may still bring on...

Another appropriations rider marks another policy failure for the Endangered Species Act.

Keith Rizzardi
July 14, 2011 00:29

First, they came for the wolf.  Then they came for the dunes sagebrush lizard.  Now they've come for everything else. The House of Representatives is rewriting the Endangered Species Act, one budget bill at a time. A few months ago, Congress ...First, they came for the wolf....

Sorry about the extended absence... back soon!

Keith Rizzardi
June 29, 2011 23:42

Dear ESA blawg readers, For many families, June marks the end of school for the kids. For me, it marked the end of work. Due to Florida's massive budget cuts and the effects on public servants, I am in the middle of a career change, so my blog suffered ...Dear ESA blawg readers, For many...

Update: NOAA not listing goliath grouper or bluefin tuna, but proposes critical habitat for Hawaiian monk seal

Keith Rizzardi
June 07, 2011 02:01

76 Fed. Reg. 31592 (Wednesday, June 1, 2011) / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Docket No. 110516284–1286–01 / RIN 0648–XA097 Endangered and Threatened Wildlife; Notice of 90-Day Finding on a Petition To ...76 Fed. Reg. 31592...