Cerulean Warbler: A Songbird At Risk

Timeline of SELC legal action to protect the songbird

Under the Endangered Species Act, the U.S. Fish and Wildlife Service (FWS) is required to meet certain deadlines in response to citizens petitions for listing species as threatened or endangered.

• Within 90 days, FWS must make an initial determination whether the petition presents "substantial information" indicating that listing may be warranted.
• Within 12 months of petition, FWS must issue a finding of whether the petition is 1) warranted, 2) warranted but precluded by other pending proposals, or 3) not warranted

2000

• October 31: Conservation groups file petition to list the Cerulean warbler as threatened.
• November 17: FWS acknowledges receipt of petition, and states its intent to continue an internal review of the Cerulean’s status to make recommendation whether it should be listed as a threatened species.

2001

• March 9: Petitioners send a 60-day notice of intent to sue FWS for failing to issue 90-day finding, which had been due January 31, 2001

2002

• January 31: Petitioners send 60-day notice of intent to sue FWS for failing to issue 12-month finding, which had been due October 21, 2001.
• October 23: FWS publishes 90-day finding that designation may be warranted; says it will issue a 12-month finding; agency takes public comments for next few months concerting the proposed listing.

2004

• September 9: Petitioners send a third 60-day notice of intent to sue, this time for FWS failing to issue 12-month finding

2006

• February 28: Petitioners sue FWS in federal court for violating the Endangered Species Act.
• August 17: Petitioners reach settlement with FWS, which must render its 12-month finding – essentially whether it will list the Cerulean as threatened – by November 30.

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