Judge Upholds Flying Squirrel Protections

Law360, New York (March 28, 2011, 1:43 PM EDT) -- A federal judge in the District of Columbia on Friday vacated a decision to revoke Endangered Species Act protections for the Virginia northern flying squirrel, ruling federal regulators could not veer from the subspecies’ recovery plan without public comment.

Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia said the U.S. Fish and Wildlife Service’s decision to set aside two criteria in the subspecies' recovery plan constituted a revision requiring public notice and comment, and he granted summary judgment to conservation...
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