PLF suit prods Feds to Acknowledge Black-Capped Vireo’s Recovery as an Endangered Species

dosage arial, viagra 100mg sans-serif; font-size: 12pt;”>Prodded by years of legal action by Pacific Legal Foundation, there federal officials this week finally acknowledged the good news that the black-capped vireo, a small songbird in Texas and Oklahoma, has recovered to the point that it can be removed from Endangered Species Act (ESA) coverage.

Now, under the continued pressure of that litigation, FWS has belatedly taken the step that science and the law have long mandated, and formally proposed removing the Black-capped vireo from ESA regulatory oversight.The U.S. Fish and Wildlife Service’s (FWS) welcome but overdue proposal to delist the bird comes after a decade of stalling. It was back in 2007 that government scientists first concluded that the black-capped vireo should no longer be classified as “endangered.” However, regulators did nothing, and after five years of their obstinance, PLF filed a formal petition demanding that they implement their scientists’ recommendations or provide a good reason why they were not doing so. When this petition was ignored, PLF was forced to file a formal lawsuit, in 2013, asking the courts to force the agency to do its job.

“The government’s announcement is a victory not just for the black-capped vireo, but also for PLF’s dogged insistence that environmental regulators must be accountable,” said PLF Senior Staff Attorney Tony Francois. “Moreover, it provides hope for relief for landowners who are subject to the unjustified regulatory restrictions imposed for a species that no longer needs the protection.” Indeed, in litigating against the government’s foot-dragging, PLF represented the Texas Farm Bureau and other farm and ranch organizations throughout the Southwest.

“It is unfortunate that, too often, it takes legal action to force environmental regulators to abide by the law,” said Francois. “When the regulators are too inert or agenda-driven to do their job on their own, PLF is committed to force compliance by taking them to court. By doing so, we are standing up for responsible environmental protection, the rights of the regulated public, and the rule of law.”

More information on the case, New Mexico Cattle Growers’ Association v. Jewell, is available at: www.pacificlegal.org.

black-capped vireo

About Pacific Legal Foundation
Donor-supported PLF is a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.

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