Defenders' Experts
Court Battle Over the Pygmy-Owl: A Timeline
In a series of cases since 1997, Defenders has attempted to protect the only population of cactus ferruginous pygmy owls and their natural habitats in and around Tucson, AZ.
March 1997: The U.S. Fish and Wildlife Service listed the pygmy owl as endangered, but opted not to designate critical habitat.
November 1998: U.S. District Court orders the Fish and Wildlife Service to formally propose critical habitat in 30 days and approve it within six months.
July 1999: The U.S. Fish and Wildlife Service designates over 730,000 acres in southwestern Arizona as critical habitat.
May 2000: The development industry files suit against the Fish and Wildlife Service, challenging the agency’s designation of critical habitat for the pygmy-owl, as well as the original decision to list the Arizona pygmy-owl population as an endangered species.
September 2001: US District Court remands critical habitat, but upholds original decision to list the pygmy-owl as endangered, stating that the administrative record contained an adequate explanation for FWS’ decision to list. The development industry immediately appeals this decision.
November 2002: The U.S. Fish and Wildlife Service proposes top re-designate over 1.2 million acres in southwestern Arizona as critical habitat.
August 2002: In response to the development industry’s appeal, the 9th Circuit Court of Appeals disagrees with US District Court and finds that the US Fish and Wildlife Service’s explanation for listing the pygmy-owl inadequate. However, the Court specifically upholds the pygmy-owl listing, leaving it in place while the Fish and Wildlife Service is provided the opportunity to correct this simple technicality.
December 2003: Fish and Wildlife Service biologists draft a “white paper” outlining a complete explanation of why the Arizona population is both “discrete” and “significant,” fully addressing the court’s concerns regarding the agency’s original decision to list the pygmy-owl as endangered.
August 2005: Two years after the Ninth Circuit’s opinion was issued, the Fish and Wildlife Service formally proposes to de-list the pygmy-owl, ignoring its own agency biologists and the best available science.
April 2006: The final rule to de-list the pygmy-owl is published; immediately Defenders and other groups file suit challenging the agency’s decision to de-list the pygmy-owl.
March 2007: The District Court rules against Defenders and other groups and upholds the decision to de-list; Defenders and others immediately file new petition to relist the western population of pygmy-owls.
June 2008: In response to the petition to relist the pygmy owl as endangered, on June 2, 2008, the US Fish and Wildlife Service announced in a 90-day finding that the petition presented significant information indicating that relisting may be warranted, and that the Service will review the status of the species during the following year (June 2, 2008 - June 2, 2009).
The FWS encourages the public to provide any new relevant information on the historical and current status of the species, including distribution, biology and ecology, ongoing conservation measures for the species and its habitat, and threats to the species or its habitat. Comments and information will be accepted until Friday, August 1, 2008 and must be submitted online.
Submit your comments and information.
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