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Safari Club Denied Intervention in ESA Suit

Posted Wednesday, February 6th, 2013

On January 4, 2013, the United States Court of Appeals for the District of Colombia found the Safari International Club (Safari Club) did not have standing to intervene in the recent Endangered Species Act (ESA) settlements of cases brought by the Center for Biological Diversity against the U.S. Fish and Wildlife Service (Service).  The Center for Biological Diversity and the Service entered into a settlement in 2011 regarding more than 700 species throughout the United States. Pursuant to the 2011 settlement, the Service agreed to issue final listing determinations for more than 250 candidate species over six years.  The Service also agreed to issue initial findings on approximately 500 additional species.

Other interested parties have filed suit challenging the 2011 settlement as well, including the National Association of Home Builders. It is unknown whether the court will grant standing to intervene to other interested parties.  However, the court will likely use many of the same procedural arguments in those cases, including the late filed intervention causing unnecessary delays. It is anticipated that the Service will continue to issue initial and final findings on the species covered by the 2011 settlement.

For additional information contact Amelia Savage.

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