C.F.R. » Title 50 » CHAPTER IV—JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS › SUBCHAPTER A › PART 424—LISTING ENDANGERED AND THREATENED SPECIES AND DESIGNATING CRITICAL HABITAT › Subpart B—Revision of the Lists

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 Dep't of the Interior, 360 F. Supp. 2d 1214 (D. Wyo. 2005).
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Wyoming v. United States Dep't of the Interior, 360 F. Supp. 2d 1214 (D. Wyo. 2005). · 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 Cnty. Bd. of Cnty. Com'rs v. Kempthorne, 531 F.3d 792 (9th Cir. 2008). · cites it 4× “21, 2003) ("Review Notice"); see also 50 C.F.R. § 424.21 (requiring a published review announcement).”
Am. Stewards of Liberty v. Dep't of the Interior, 370 F. Supp. 3d 711 (W.D. Tex. 2019). “; 50 C.F.R. § 424.21 (2014). The Service determined that no change in listing status was warranted at that time.”
Coos Cnty. Bd. of Cnty. Commissioners v. Kempthorne, 531 F.3d 792 (9th Cir. 2008). · cites it 4× “21, 2003) (“Review Notice”); see also 50 C.F.R. § 424.21 (requiring a published review announcement).”
Ctr. for Biological Diversity v. Haaland, No. 2022-3588 (D.D.C. Aug. 11, 2023). · 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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