Latest: U.S. District Judge Susan Illston extends deadline for final CH designation for Ventura marsh milk-vetch until May 15, 2004, seven and a half months after the original Oct. 1 deadline. (9/29/03)
When announcing the list, DOI said "the following court-ordered critical habitat actions (proposed or final rulemakings) requiring work in FY 2003 will be proposed for deferral into FY 2004 due to lack of funding." (Go here for more on the May 28, 2003, announcement.)
Note: The pygmy-owl was not on the list, but is included as an item of interest. All the cases on FWS's list are marked with an asterisk.
Latest: In listing/CH challenge, 9th Circuit remands to district court after finding that FWS DPS designation is flawed. Critical habitat still is vacated, but has been reproposed. On Sept. 30, from docket: Judge Susan Bolton stays court's order of 2/13/03 "directing the service to complete a final designation of critical habitat for the cactus ferruginous pygmy owl by 9/29/03."
Mexican spotted owl* (proposed rule) CBD, Dine Care, and Center for Native Ecosystems v. Norton (01-409-TUC ACM, D. Ariz.)
Latest: FWS asks for extension, plaintiffs move for contempt
Latest: Ninth Circuit Court of Appeals stays appeal (7/10/03) until Judge Illston rules on motion to amend her Feb. 26 order. Riverside County supports government's motion to lift injunction in letter to Judge Illston. Here is plaintiffs' response.
(From District Court docket, 2/26/03: "ORDER by Judge Susan Illston granting motion for partial summary judgment [34-1] and enjoining defendants from issuing any Section 7 concurrence or biological opinion that allows Federal Actions which "may affect" the Santa Ana sucker to proceed pending designation of critical habitat. Defendants to designate a final critical habitat for the Santa Ana sucker by no later than 2/21/04. ( Date Entered: 2/28/03) (cc: all counsel)."
Latest: It appears FWS has asked for an extension. See docket, below.
Ventura Marsh milk-vetch* (final rule due Oct. 1) CBD v. USFWS, (01-352 SI (ADR), N.D. Cal.)
Latest: U.S. District Judge Susan Illston extends deadline for final CH designation to May 15, 2004, seven and a half months after the original Oct. 1 deadline.
CBD v Norton (01-2101 IEG (LAB) and BILD v Norton (01-2145 IEG (LAB, consolidated)
Latest: Judge extends deadlines for four plants (Order)
Latest: Nothing filed in case since March 28 '01 (Docket)
Topeka shiner* (final CH designation due Sept. 12)
Biodiversity Legal Foundation v. Morgenweck, 00-1180 (D. Colo.)
Latest: Parties agreed in late July to extension of Aug. 13 deadline until Sept. 12. Briefed and ready for decision.
California red-legged frog* (proposed rule)
Home Builders Association of Northern California v. Norton (01-1291 RJL, D.D.C.)
Latest: Nothing filed since Nov. 15, 2002. Consent decree approved by Judge Richard Leon (Opinion) on Nov. 2 gives FWS until March 2004 to publish new proposed CH rule, November 2005 for final.
Building Industry Legal Defense Foundation v. Norton, 01-2311 JDB (D.D.C.)
Latest: No extension requested
Bull trout* (St. Mary, Puget Sound and Jarbidge DPS) (proposed rule)
Bull trout (Columbia Basin/Klamath DPS) (final rule)
Alliance for the Wild Rockies v . Badgley, 01-127-JO (D. Ore.)
Latest: An amended consent decree allowing FWS to extend deadlines for the bull trout has been approved by the court.
Southern Appalachian Biodiversity Project v. Norton, 00-361, E.D. Tenn.)
Latest: No motion for extension filed (Docket)