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Friends of Animals won a procedural victory with respect to its Endangered Species Act listing petition to have a wild horse herd listed as endangered or threatened. The court ruled that the Fish and Wildlife Service’s new state notification requirement for listing petitions violated the agency’s statutory obligation to provide an initial response to the petition within 90 days based on the evidence submitted with the petition, and without obtaining additional information from a state. [To accompany Federal Case Law Update "Attempt to List Wild Horse Herd Under ESA to Move Forward" from Brooks Animal Law Digest Issue No. 15.]

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