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Conservation Group Plans to Sue FWS for Failing to List the Bridled Darter Fish

The Center for Biological Diversity (CBD) sent a notice to the Secretary of the Interior and the U.S. Fish and Wildlife Service asserting that the denial of listing protections for the bridled darter fish violates the Endangered Species Act, and declaring an intent to sue if the violations are not remedied. In the notice, CBD states that bridled darters, which exist exclusively in small areas of five rivers and creeks in north Georgia and south Tennessee, are “a species with naturally small and isolated populations” and, consequently, that “the bridled darter is inherently vulnerable to stochastic events,” including severe weather events driven by climate change.

EPA Acknowledges “Inadequate Protections” for ESA-Listed Species and Seeks Public Comments on Draft Strategy to Protect ESA-Listed Wildlife from Pesticides

The U.S. Environmental Protection Agency (EPA) released its draft strategy to protect more than 900 threatened and endangered species and their designated critical habitats from agricultural herbicides. EPA acknowledges in the draft strategy that its “Pesticide Program has been unable to keep pace with its [Endangered Species Act] workload, resulting not only in inadequate protections for listed species but also successful litigation against the Agency that has increased in frequency in recent years.” While EPA’s Memorandum to Open Docket for Comment states that the Agency will be accepting public comments on the draft strategy through September 20, 2023, the docket (EPA-HQ-OPP-2023-03650) currently lists a comment submission deadline of September 22, 2023.

House Bill Would Cut FWS Funding and Protections for Multiple Imperiled Species

H.R.4821, a Fiscal Year 2024 appropriations bill for the Department of Interior and Environmental Protection Agency (EPA), would cut funding for the U.S. Fish & Wildlife Service by $236 million. The bill also includes riders that would:

  • Remove federal protections for the lesser prairie chicken;
  • Prohibit increased protections for the northern long-eared bat;
  • Prohibit protections for the dunes sagebrush lizard;
  • Block funding for the North Cascades Grizzly Bear Ecosystem Restoration Plan;
  • Delist the Greater Yellowstone Ecosystem distinct population of grizzly bears from the Federal List of Endangered and Threatened Wildlife
  • Prohibit any federal agency from banning or restricting the use of ammunition or fishing tackle containing lead on federal land; and
  • Prohibit the EPA from finalizing regulations for certain rodenticides, including substances that can harm species like the black-footed ferret, San Joaquin kit fox, and aplomado falcon.

The bill was introduced by Representative Mike Simpson and referred to the House Committee on Appropriations, which voted to advance the bill on July 19, 2023.

FWS Announces $5.1 Million Investment in ESA Recovery Efforts for Pollinators, Freshwater Mussels, and Southwest Desert Fish

The U.S. Fish & Wildlife Service announced a $5.1 million funding allocation for recovery efforts related to imperiled members of four species groups: Hawaiian and Pacific Island plants, butterflies and moths, freshwater mussels, and southwest desert fish. The allocation is the first announced from the $62.5 million implementation fund, which is part of a $125 million endangered species recovery fund provided through the Inflation Reduction Act. The implementation fund will support recovery for 36 projects that benefit more than 580 species listed under the Endangered Species Act.

NMFS Opens Public Comment Period on Proposed Critical Habitat Designation for Green Sea Turtles

The National Marine Fisheries Service (NMFS) announced its intent to designate critical habitat along the coasts of Florida, North Carolina, Texas, Puerto Rico, California, Hawai‘i, American Samoa, Guam, the Commonwealth of Northern Mariana Islands, and the U.S. Virgin Islands for six distinct population segments of the green sea turtle under the Endangered Species Act. NMFS will accept public comments on the proposed designation through October 17, 2023.

Conservation Groups Sue U.S. Navy and FWS to Protect ESA-Listed Species from Marine Corps Construction and Operations on Guam

The Center for Biological Diversity (CBD) and Prutehi Litekyan: Save Ritidian filed a lawsuit in the District Court of Guam against the U.S. Navy and the U.S. Fish & Wildlife Service to protect endangered species from the construction and operation of Camp Blaz, a Marine Corps base in Guam. Plaintiffs seek declaratory judgment and injunctive relief, including a court order requiring the Navy to provide a final response to CBD’s Freedom of Information Act request relating to the Navy’s activities on Guam.

NMFS Agrees to Establish Team to Reduce Harm to Pacific Humpback Whales from Sablefish Pot Gear

The National Marine Fisheries Service (NMFS) entered a stipulated settlement agreement with the Center for Biological Diversity whereby the agency agreed to implement a team to reduce whale entanglements in sablefish pot gear off the coasts of California, Oregon, and Washington. The agreement comes following a U.S. District Court for the Northern District of California ruling in CBD’s lawsuit alleging that NMFS has failed to protect endangered Pacific humpback whales from deadly entanglements in fishing gear. NMFS agreed to put the team in place by October 31, 2025.

Biden Administration Settles Border Construction Lawsuits with Agreement to Perform Widespread Environmental Cleanup and Take Steps to Protect Wildlife

The Biden Administration settled litigation brought by eighteen states, the Sierra Club, and the Southern Border Coalition challenging construction of border walls between the U.S. and Mexico with funds provided by the Department of Defense and Department of Treasury in fiscal years 2019 and 2020. The Biden Administration agreed to conduct widespread cleanup to repair environmental damage from construction of the Trump-era southern border wall, end wall construction, restore disputed military funding, and protect sensitive ecosystems and wildlife in the border region to resolve multiple lawsuits brought by plaintiffs.