Category Archives: Endangered Species Act

Failed Federal Collaboration: United States Fish and Wildlife Service State Relations

The supplemental comment period for the USFWS proposal to list as endangered the Northern Long Eared Bat (“NLEB”) and to not list the Eastern Small Footed Bat just closed on August 29, 2014. (79 Fed. Reg. 36698, June 30, 2014). The original proposal was published on October 2, 2013. (78 Fed. Reg. 61046). This proposed… Read More »

The House of Representatives Passes Legislation to Modify the Endangered Species Act to Require Transparency in the Listing Process

The House of Representatives passed a bill which would require federal agencies involved in the listing process to publish data they use to determine whether a species should be designated as “endangered” or merely “threatened” and further directed the federal government to provide states with data used to make a decision on an endangered species… Read More »

Sound Science and the Endangered Species Act: A District Court and the House of Representatives Want Better Science

Decisions to list a species as “threatened” or “endangered” under the Endangered Species Act are to be made “solely on the basis of the best scientific and commercial data available.”  16 U.S.C. 1533(b)(1)(A).  Decisions to list species are governed by the Administrative Procedures Act, in addition to the “best available science” standard of the ESA. … Read More »

Changes Proposed to Endangered Species Act

The Obama Administration and the House Natural Resources Committee have each proposed changes to the Endangered Species Act (ESA).  The changes proposed by the House Natural Resources Committee focus on giving additional transparency to the process of listing decisions by making the data used by the agencies publicly available.  Additionally the House Natural Resources Committee’s… Read More »

Northern Long-Eared Bat Update

Since the October 2, 2013 proposed listing of the Northern Long Eared Bat (NLEB) as endangered or threatened, over thirty-seven thousand comments, letters of concern and support have been filed with the agency. (78 Fed. Reg. 61046).  The USFWS has determined that the NLEB is in danger of extinction, predominantly due to the threat of… Read More »

USFWS Snubs State Natural Resources Agencies: Northern Long Eared Bat ESA Listing Proposal

There is a growing concern about USFWS action relative to the Northern Long-Eared Bat (NLEB) that speaks to the common dilemma, state versus federal.  It was the state natural resource professionals who identified the impacts of White Nose Syndrome on bat populations in the United States and it is the states that have continued the… Read More »