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1 1 (February 18, 2022)

handle is hein.crs/govefhj0001 and id is 1 raw text is: Congressional ______ ~.Research Service ~~~ ~~~nformrng the legist ive debate since 1914___________________ U.S. District Court Vacates Gray Wolf Delisting Rule February 18, 2022 On February 10, 2022, a district court vacated and remanded the U.S. Fish and Wildlife Service's (FWS's) rule (the delisting rule) that delisted-that is, removed from the list of endangered and threatened species-certain gray wolf entities. The U.S. District Court for the Northern District of California held that the rule violated the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) in a number of ways. For example, the court concluded that FWS could not delist an entity solely because it determined the listed entity no longer met the definition of a species under the ESA and that FWS must instead apply the ESA's explicit standards for delisting. The court also determined that FWS had not offered a reasonable construction of the phrase significant portion of its range, which appears in the ESA's definitions of endangered species and threatened species. This is not the first time a court has invalidated FWS's interpretation of this phrase; in 2018, a court vacated FWS's 2014 joint policy with the National Marine Fisheries Service (NMFS) interpreting the phrase. The court's decision to vacate the delisting rule renders it void and effectively reinstates the listing status that each gray wolf entity had before that rule was promulgated. The gray wolf therefore is again listed as threatened in Minnesota and endangered elsewhere in the lower 48 states, except for the Northern Rocky Mountain distinct population segment (DPS), which had been delisted by prior actions. Vacating the delisting rule does not affect the listing status of the Northern Rocky Mountain DPS. The court's decision may also affect FWS's decisions on two pending petitions related to listing gray wolf DPSs. This Sidebar discusses the history of rules relating to gray wolves under the ESA, the court's recent decision, and next steps for FWS. Listing History of the Gray Wolf Under the Endangered Species Act The gray wolf was first listed under the ESA's predecessor statute in 1967. In 1973, Congress enacted the ESA, which requires FWS to list a species as endangered if it determines that the species is in danger of extinction throughout all or a significant portion of its range and to list a species as threatened if it determines the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. The ESA requires FWS to determine whether a species meets these definitions by analyzing five factors describing potential threats to the species. Listing a species triggers various requirements and protections under the ESA. The ESA does not specify a delisting process or Congressional Research Service https://crsreports. congress.gov LSB10697 CRS Legal Sidebar Prepared for Members and Committees of Congress

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