RECENT FEDERAL DECISIONS

April 2007

To read this entire item of approximately 1500 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Ninth Circuit Upholds FWS Ruling that Western Gray Squirrels Don’t Qualify for Protection
Northwest Ecosystem Alliance v. Allen

On February 2, 2007, the Ninth Circuit Court of Appeals upheld a U.S. Fish and Wildlife Service (FWS) decision denying a petition to classify western gray squirrels as a “distinct population segment” entitled to listing protection. The court upheld a challenge to the governing FWS policy, finding that it is entitled to deference under Chevron and that it comports with the ESA.