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Fish and Wildlife Service Seeks Removal of Pygmy Owl From Endangered Species List

This is the first time since the Endangered Species Act became law at the end of 1973 that the agency has sided with NAHB on delisting a species. Of the 1,263 endangered species that have been on the list, only 11 have ever been removed.

The Ninth Circuit Court of Appeals ruled last August that the FWS “arbitrarily and capriciously” listed Arizona’s population of pygmy owls as an endangered species, but instead of removing the owl from the list, it sent the case to a lower trial court in Phoenix to develop an appropriate remedy.

NAHB had filed papers with the Ninth Circuit Court arguing for the owl’s removal from the list, in large part because Arizona represents the extreme northern edge of its range and the same species is plentiful in Mexico.

Ongoing arguments by the association’s legal and regulatory staff finally prevailed last week when on behalf of the FSA, the Department of Justice filed papers in federal court in Phoenix seeking de-listing of the species.

Federal district court Judge Susan Bolton will decide whether to accept or reject the proposal. If she rules in favor of de-listing the owl, approximately 1.2 million acres of land would be free from proposed federal habitat regulations.

A decision is expected shortly.

For further informatiion, e-mail Duane Desiderio at NAHB or call him at 800-368-5242 x8146.

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