Notice of Intent to Sue Under the Endangered Species for Failing to Make Required Finding on a Petition to Upgrade the Listing Status of the West Indian Manatee

Publication Year
2023
File
Description

The Center for Biological Diversity, Harvard Animal Law & Policy Clinic, Miami Waterkeeper, and Frank S. González García served the U.S. Fish & Wildlife Service (FWS) with a notice of intent to sue under the citizen suit provision of the Endangered Species Act (ESA) for failing to protect the West Indian manatee. The notice letter follows a November petition for rulemaking urging FWS to relist the species as endangered. FWS downlisted the West Indian manatee to threatened in 2017 but since then the population has significantly declined. FWS failed to make a determination whether the petition presented substantial information indicating that uplisting the manatee may be warranted within 90 days as required by federal law.

[To accompany Case Law Update "Advocates Plan to Sue FWS for Failing to Adequately Protect Manatees” from Brooks Animal Law Digest Issue No. 187]