What constitutes a “subspecies” under the Endangered Species Act?

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

Weekly litigation update — April 1, 2017

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California … ›

Weekly litigation report — September 2, 2016

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in … ›

President's weekly report — December 31, 2014

This update is a bit early this week, in anticipation of a long holiday weekend.  But there’s lots of cool stuff to report: Government accountability — victory in Arizona We … ›

News on the gnatcatcher

Author:  Damien M. Schiff Here's a sampling of coverage on our lawsuit filed last week challenging the US Fish and Wildlife Service's failure to issue a timely initial finding on … ›

Gnatcatchers everywhere anxiously await

Author:  Damien M. Schiff Last week, Pacific Legal Foundation sent formal notice to the United States Fish & Wildlife Service of its intent to sue over the agency's failure to respond … ›

The California gnatcatcher is not a valid subspecies

Author:  Damien M. Schiff On Tuesday, we announced the filing of a petition with the United States Fish and Wildlife Service to delist the California gnatcatcher from the Endangered Species … ›

PLF petitions for removal of California gnatcatcher from federal ESA list

PLF today filed papers with the United States Fish and Wildlife Service, petitioning for the removal of the California gnatcatcher from the federal Endangered Species Act list. The gnatcatcher’s listing … ›

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What constitutes a “subspecies” under the Endangered Species Act?

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

Weekly litigation update — April 1, 2017

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California … ›

Weekly litigation report — September 2, 2016

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in … ›

President's weekly report — December 31, 2014

This update is a bit early this week, in anticipation of a long holiday weekend.  But there’s lots of cool stuff to report: Government accountability — victory in Arizona We … ›

News on the gnatcatcher

Author:  Damien M. Schiff Here's a sampling of coverage on our lawsuit filed last week challenging the US Fish and Wildlife Service's failure to issue a timely initial finding on … ›

Gnatcatchers everywhere anxiously await

Author:  Damien M. Schiff Last week, Pacific Legal Foundation sent formal notice to the United States Fish & Wildlife Service of its intent to sue over the agency's failure to respond … ›

The California gnatcatcher is not a valid subspecies

Author:  Damien M. Schiff On Tuesday, we announced the filing of a petition with the United States Fish and Wildlife Service to delist the California gnatcatcher from the Endangered Species … ›

PLF petitions for removal of California gnatcatcher from federal ESA list

PLF today filed papers with the United States Fish and Wildlife Service, petitioning for the removal of the California gnatcatcher from the federal Endangered Species Act list. The gnatcatcher’s listing … ›

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What constitutes a “subspecies” under the Endangered Species Act?

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

Weekly litigation update — April 1, 2017

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California … ›

Weekly litigation report — September 2, 2016

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in … ›

President's weekly report — December 31, 2014

This update is a bit early this week, in anticipation of a long holiday weekend.  But there’s lots of cool stuff to report: Government accountability — victory in Arizona We … ›

News on the gnatcatcher

Author:  Damien M. Schiff Here's a sampling of coverage on our lawsuit filed last week challenging the US Fish and Wildlife Service's failure to issue a timely initial finding on … ›

Gnatcatchers everywhere anxiously await

Author:  Damien M. Schiff Last week, Pacific Legal Foundation sent formal notice to the United States Fish & Wildlife Service of its intent to sue over the agency's failure to respond … ›

The California gnatcatcher is not a valid subspecies

Author:  Damien M. Schiff On Tuesday, we announced the filing of a petition with the United States Fish and Wildlife Service to delist the California gnatcatcher from the Endangered Species … ›

PLF petitions for removal of California gnatcatcher from federal ESA list

PLF today filed papers with the United States Fish and Wildlife Service, petitioning for the removal of the California gnatcatcher from the federal Endangered Species Act list. The gnatcatcher’s listing … ›

What constitutes a “subspecies” under the Endangered Species Act?

When the Service rejected a delisting petition for the coastal California gnatcatcher, it acknowledged that it was not going to define “subspecies,” the very term upon which the denial rests, even while acknowledging that the term enjoys no commonly accepted meaning among scientists. Thus, by not defining that key term, the Service effectively reserved to itself the right to use whatever definition of “subspecies” suits it best at any time. This arbitrary power prevents the regulated public from challenging any “subspecies” designation because the Service can always move the goal posts.

Weekly litigation update — April 1, 2017

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California … ›

Weekly litigation report — September 2, 2016

School choice in Montana Endangered species — gnatcatcher petition rejected Tort reform and warning overreach POTUS’s WOTUS to the SCOTUS School choice in Montana We filed our opening brief in … ›

President's weekly report — December 31, 2014

This update is a bit early this week, in anticipation of a long holiday weekend.  But there’s lots of cool stuff to report: Government accountability — victory in Arizona We … ›

News on the gnatcatcher

Author:  Damien M. Schiff Here's a sampling of coverage on our lawsuit filed last week challenging the US Fish and Wildlife Service's failure to issue a timely initial finding on … ›

Gnatcatchers everywhere anxiously await

Author:  Damien M. Schiff Last week, Pacific Legal Foundation sent formal notice to the United States Fish & Wildlife Service of its intent to sue over the agency's failure to respond … ›

The California gnatcatcher is not a valid subspecies

Author:  Damien M. Schiff On Tuesday, we announced the filing of a petition with the United States Fish and Wildlife Service to delist the California gnatcatcher from the Endangered Species … ›

PLF petitions for removal of California gnatcatcher from federal ESA list

PLF today filed papers with the United States Fish and Wildlife Service, petitioning for the removal of the California gnatcatcher from the federal Endangered Species Act list. The gnatcatcher’s listing … ›