The US Fish and Wildlife Service and environmental groups are urging the D.C. Circuit to affirm the agency’s finding that a subspecies of bird should remain protected under the Endangered Species Act.
The agency used the best available science as required under the ESA when denying the petition from ranchers to delist the bird, they told the US Court of Appeals for the D.C. Circuit on Nov. 1.
New Mexico ranchers in August said the district court was wrong to uphold FWS’ decision to keep the southwestern willow flycatcher listed as an endangered subspecies. They argued the the agency’s threshold …