West Virginia Northern Flying Squirrel: Litigation Update

The oral argument for the Flying Squirrel case is scheduled on Wednesday, 11/17/2010. On behalf of a coalition of environmental organizations, we had filed a suit in June 2010 in the U.S. District Court for the District of Columbia against the Department of Interior and the Fish and Wildlife Service (FWS), challenging the removal of the West Virginia Northern Flying Squirrel from any protection of the Endangered Species Act (ESA), and requesting the Court to reinstate the Squirrel’s “endangered species” listing. In brief, we primarily argue that the delisting decision is not based on objective measurable criteria or best available science, as required by the ESA.

All written briefs in the case are complete and the oral hearing is on 11/17/2010 at 10:00 A.M. in Courtroom 24A at the District of Columbia Federal District Courthouse before Judge Emmet G. Sullivan.