RECENT FEDERAL DECISIONS

August 2008

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Ninth Circuit Rules FWS Does Not Have Enforceable Duty under the ESA to Promptly Delist after Five-Year Species Review
Coos County Board of County Commissioners v. Kempthorne, ___F.3d___

On June 26, 2008, the Ninth Circuit Court of Appeals ruled that the U.S. Fish and Wildlife Service (FWS) does not have an enforceable duty to promptly withdraw a threatened species from protection under the Endangered Species Act (ESA) after a five-year status review.