CBD Challenges Failure of FWS to List Several Species Under ESA

The Center for Biological Diversity has filed suit alleging the Fish and Wildlife Service has failed to make required findings as to whether seven species warrant listing under the Endangered Species Act. In response to earlier petitions, the agency determined that listing the seven species was “warranted but precluded.” Such a finding triggers a requirement to reconsider the petition within 12 months, but the last determination for the seven species was issued 20 months ago.