Cerulean Warbler Management and Policy

In October of 2000, Represented by the Southern Environmental Law Center, Defenders of Wildlife and 26 other regional and national conservation organizations filed a petition with the U.S. Fish and Wildlife Service to list the cerulean warbler as threatened. To read the listing petition please visit the Southern Environmental Law Center.

Just after this petition was filed, the Service placed a moratorium on any further listings citing a lack of funds. In response, the groups submitted two notices of intent to sue the FWS over its failure to make the required 90-day finding. In October 2002, FWS finally issued its 90-day finding, concluding that the petition did present substantial information that listing the warbler may be warranted. No action is taken by the Service for nearly two years again claiming lack of funds. SELC submitted a third 60-day notice of intent to sue in September 2004. In February of 2006, we filed suit. In August 2006, the parties settle the lawsuit and the FWS agrees to determine whether the cerulean warbler warrants listing by November 30, 2006. In December of 2006, the Service finally issued its decision and declined to list the species.

The Fish and Wildlife Service failed repeatedly to meet federally mandated deadlines under the Endangered Species Act for responding to the petition. In the intervening years, scientists believe the bird's annual rate of decline increased from 4% to 6%, and threats to its habitat have worsened.

If the cerulean warbler had been listed as a threatened species, the U.S. Fish and Wildlife Service would be required to develop a recovery plan for the bird, ensuring coordination among land-use agencies to protect cerulean habitat. The agency would also be required to ensure that federal actions would not drive the species closer to extinction or impede its eventual recovery.

Meanwhile, Defenders is concerned with the ongoing impacts on cerulean warblers from mountaintop mining and signs on to letters regarding several large mining proposals.

Final May 2006 Joint Comments on the Draft Environmental Impact Statement (DEIS) to Consider Issuance of a Department of the Army Permit Pursuant to Section 404 of the Clean Water Act for Mingo Logan Coal Company's Proposal To Construct and Operate Spruce No. 1 Mine, Near Blair in Logan County, WV

Final January 2004 Joint Comments Draft Programmatic Environmental Impact Statement on Mountain Top Mining/Valley Fill (MTM/VF) in the Appalachian region of the eastern United States

More detailed legal timeline

December 2006:

The U.S. Fish and Wildlife Service (FWS) fails to list the cerulean warbler under the Endangered Species Act

Read our press release and the FWS decision.

August 2006:

Defenders and other groups that petitioned the U.S. Fish and Wildlife to list the cerulean warbler reached a settlement agreement with the government. Under the terms of the agreement, the Fish and Wildlife Service must submit for publication in the Federal Register a 12-month finding on our petition by November 30, 2006.

February 2006:

Petitioners sue the U.S. Fish and Wildlife Service for violating the Endangered Species Act.

September 2004:

The groups send a third 60-day notice of intent to sue the Service – this time for failing to issue a 12-month finding.

October 2002:

The Service publishes a 90-day finding that designation may be warranted. The Service also says it will issue a 10-month finding and announces the opening of a public comment period on the proposed listing.

January 2002:

Petitioners send a second 60-day notice of intent to sue the Service for failing to issue a 12-month finding by the October 21, 2001 deadline.

March 2001:

Petitioners send a 60-day notice of intent to sue the Service for failing to issue a 90-day finding by the January 31, 2001 deadline.

November 2000:

The Service acknowledges receipt of the listing petition and states its intent to continue an internal review of the bird’s status to make recommendation whether it should be listed as a threatened species.

October 2000:

Represented by the Southern Environmental Law Center, Defenders of Wildlife and 26 other regional and national conservation organizations filed a petition on October 31, 2000 with the U.S. Fish and Wildlife Service to list the cerulean w arbler as threatened. To read the listing petition please visit the Southern Environmental Law Center.