Time To Delist California Species That Aren’t Endangered or Threatened

August 24, 2011

from Pearl Rains Hewett


Pacific Legal Foundation Featured Case


PLF v. U.S. Fish and Wildlife Service

Contact: M. Reed Hopper

Status: Victory! On January 20, 2011


In 2005, PLF entered into a settlement agreement with the United States Fish and Wildlife Service on behalf of the California State Grange, the California Forestry Association, and the California Cattlemen’s Association, whereby the agency agreed to undertake belated five-year status reviews of nearly 100 protected species in the State of California. In 2008, the agency completed reviews for 58 of these species and recommended the delisting of the Eureka dunegrass (a plant), the Eureka Valley evening primrose (a plant), and the downlisting of the tidewater goby (a fish), the San Clemente Island broom (a plant), the San Clemente Island bushmallow (a plant), and the San Clemente Island paintbrush (a plant).

Under current policy, the Service will not act on these recommendations until it is petitioned to do so. Therefore, PLF has petitioned the agency to make these changes. If the agency either ignores or fails to grant the petition, we will seek to compel the status changes in federal court.

On January 20, 2011, the Service announced, based on PLF's petition to delist/downlist, a 90-day finding on Eureka Valley eveningprimrose, and reclassify the tidewater goby, the Lotus scoparius subsp., the San Clemente Island broom, the San Clemente Island bush-mallow, and the San Clemente IslandIndian paintbrush from endangered to threatened under the ESA Act of 1973.

It took Pacific Legal Foundation from 2005 to 2011 to force United States Fish and Wildlife Service to delist/downgrade a bunch of PLANTS!