5th Circ. Tells FWS It Must Rethink Denial Of Warbler Delisting

Law360 (January 15, 2020, 8:11 PM EST) -- The Fifth Circuit on Wednesday ruled the U.S. Fish and Wildlife Service applied an "inappropriately heightened" legal standard in denying a petition to delist the golden-cheeked warbler as an endangered species, ordering the agency conduct a one-year review to determine if the Texas songbirds are still under threat.

Circuit Judge Carolyn Dineen King wrote in a unanimous opinion for the three-judge panel that when FWS reviewed the Texas General Land Office's petition to delist the bird, the agency wrongly set aside its typical review standard. Usually, petitions must contain "substantial scientific or commercial information indicating that the petitioned action may be...

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