50 C.F.R. § 424.15

Notices of review

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(a) If the Secretary finds that one of the actions described in § 424.10 may be warranted, but that the available evidence is not sufficiently definitive to justify proposing the action at that time, a notice of review may be published in the Federal Register. The notice will describe the measure under consideration, briefly explain the reasons for considering the action, and solicit comments and additional information on the action under consideration.

(b) The Secretary from time to time also may publish notices of review containing the names of species that are considered to be candidates for listing under the Act and indicating whether sufficient scientific or commercial information is then available to warrant proposing to list such species, the names of species no longer being considered for listing, or the names of listed species being considered for delisting or reclassification. However, none of the substantive or procedural provisions of the Act apply to a species that is designated as a candidate for listing.

(c) Such notices of review will invite comment from all interested parties regarding the status of the species named. At the time of publication of such a notice, notification in writing will be sent to State agencies in any affected States, known affected Federal agencies, and, to the greatest extent practicable, through the Secretary of State, to the governments of any foreign countries in which the subject species normally occur.

Notes of Decisions

Cited in 8 cases, 2001–2013 · leading case: Ctr. for Biological Diversity v. Gale Norton, Sec'y of the Dep't of the Interior, 254 F.3d 833 (9th Cir. 2001).

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Ctr. for Biological Diversity v. Gale Norton, Sec'y of the Dep't of the Interior, 254 F.3d 833 (9th Cir. 2001). · cites it 3× “” 50 C.F.R. § 424.15 (a). The Secretary typically does not provide an explanation for this decision but instead publishes a brief, one-line notice in the Federal Register identifying the species as a “candidate” for protection under the ESA.”

Safari Club Int'l v. Salazar, 704 F.3d 972 (D.C. Cir. 2013). · cites it 2× “§ 1533 (b)(3)(B); 50 C.F.R. § 424.15 . The ESA merely requires the Service to publish its warranted-but-precluded findings in the Federal Register.”

Am. Lands All. v. Norton, 242 F. Supp. 2d 1 (D.D.C. 2003). · cites it 2× “” 50 C.F.R. § 424.15 (a). This regulation further provides that the Secretary “from time to time” may update the review status of the species that are candidates for listing.”

Coos Cnty. Bd. of Cnty. Com'rs v. Kempthorne, 531 F.3d 792 (9th Cir. 2008). · cites it 2× “" 50 C.F.R. § 424.15 (a). If so, the Secretary "may" publish a brief notice so stating in the Federal Register.”

Colorado River Cutthroat Trout v. Dirk Kempthorne, 448 F. Supp. 2d 170 (D.D.C. 2006). “See 50 C.F.R. § 424.15 (c) (explaining that during twelvemonth status review FWS must invite comment from all interested parties); see also 16 U.”

Ctr. for Biological Diversity v. Morgenweck, 351 F. Supp. 2d 1137 (D. Colo. 2004). “50 C.F.R. § 424.15 (e). FWS could not simply bypass the initial 90-day review process and go directly to a 12-month status review.”

Coos Cnty. Bd. of Cnty. Commissioners v. Kempthorne, 531 F.3d 792 (9th Cir. 2008). · cites it 2× “Specifically, after considering the relevant factors, he or she may determine that “one of the actions” available with regard to a species “may be warranted, but that the available evidence is not sufficiently definitive to justify proposing the action at that time.”

In Re: Endangered Species Act Section 4 (D.C. Cir. 2013). “§ 1533 (b)(3)(B); 50 C.F.R. § 424.15 . The ESA merely requires the Service to publish its warranted-but-precluded findings in the Federal Register.”

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