50 C.F.R. § 424.21

Periodic review

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At least once every 5 years, the Secretary shall conduct a review of each listed species to determine whether it should be delisted or reclassified. Each such determination shall be made in accordance with §§ 424.11, 424.16, and 424.17 of this part, as appropriate. A notice announcing those species under active review will be published in the Federal Register. Notwithstanding this section's provisions, the Secretary may review the status of any species at any time based upon a petition (see § 424.14) or upon other data available to the Service.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2005–2023 · leading case: Wyoming v. United States Department of the Interior
Wyoming v. United States Department of the Interior (2005) wyd · cites it 4× “14 (petition); and 50 C.F.R. § 424.21 . The mandate itself provides: The Secretary shall make determinations required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and…”
COOS COUNTY BD. OF COUNTY COM'RS v. Kempthorne (2008) ca9 · cites it 4× “21, 2003) ("Review Notice"); see also 50 C.F.R. § 424.21 (requiring a published review announcement).”
American Stewards of Liberty v. Department of the Interior (2019) txwd “; 50 C.F.R. § 424.21 (2014). The Service determined that no change in listing status was warranted at that time.”
Coos County Board of County Commissioners v. Kempthorne (2008) ca9 · cites it 4× “21, 2003) (“Review Notice”); see also 50 C.F.R. § 424.21 (requiring a published review announcement).”
Center for Biological Diversity v. Haaland (2023) dcd · cites it 2× “be published in the Federal Register,” 50 C.F.R. § 424.21 , but the agency published such a notice in its notice of proposed rulemaking as to the delisting.”
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