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Protecting the Endangered Species Act from Last-Minute Rule Changes

Case Overview

In a last-ditch attempt to weaken the Endangered Species Act, the U.S. Fish and Wildlife Service and National Marine Fisheries Service have enacted a rule that drastically reduces one of the core protections of the Act.

The Endangered Species Act requires all federal agencies to consult with expert federal wildlife agencies to ensure that their actions will not harm endangered species and, when necessary, to develop project alternatives that will mitigate any possible harm to endangered species. Consultation has been the Act's most effective and successful safeguard by, for example, keeping factory trawlers out of Steller sea lion rookeries, establishing minimum flows for salmon in the Klamath River, and reforming management of the Northwest forests to protect the northern spotted owl and other old-growth dependent species.

The new rule eliminates the consultation requirement in a wide range of circumstances and will reduce protections for imperiled species. The new rule was enacted on December 16, 2008, and is scheduled to take effect on January 15, 2009, in the final days of the Bush administration's term in office. Earthjustice has filed a lawsuit challenging the new rule in a federal district court in California. Earthjustice is asking the court to find the rule unlawful and set it aside to restore the critical protections endangered species need to survive.

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