| History: |
In 1998, at the request of environmental groups, the U.S. Fish and Wildlife Service listed the Preble's Meadow Jumping Mouse (Zapus hudsonius preblei)(PMJM) as threatened in some or all of its range, which the FWS defined as extending along the Front Range of the Rocky Mountains, from Colorado Springs, Colorado, to Douglas, Wyoming. The FWS listed the PMJM under the ESA based on junk science and an extremely small sample set. In the intervening years, significant research has taken place regarding the PMJM, its habitat, and its condition. That evidence demonstrates that the PMJM does not merit the protection of the ESA and that restrictions being imposed by the FWS on the use of private land in Wyoming are not justified. Despite that the FWS has this new evidence, it has refused to reexamine its earlier position or to consider several petitions filed with it requesting that the PMJM be de-listed. On July 30, 2002 and on September 26, 2003, notices of intent to sue were mailed to the Secretary of the U.S. Department of the Interior, as required by the ESA. On December 9, 2003, MSLF filed its Complaint, which the United States answered.
In April 2004, a stipulation was entered under which the FWS will review petitions to delist the Preble's Meadow Jumping Mouse; the case was stayed pending the FWS's decision. On July 10, 2008, the FWS issued a final rule listing the Preble's Meadow Jumping Mouse in Colorado and delisting it in Wyoming. The rule will become effective on August 9, 2008.
On October 15, 2008, MSLF moved to transfer the case to the District of Colorado. MSLF also filed its opposition to the motion to intervene of WildEarth Guardians. Responses to MSLF's motion to transfer venue to the District of Colorado were filed on October 29, 2008, by the federal defendants and on October 30, 2008, by applicant for intervention, WildEarth Guardians.
On December 17, 2008, the Court granted MSLF’s motion for change of venue to the District of Colorado, and on December 22, 2008, the District of Colorado docketed the case and all of its filings. On January 26, 2009, the Court granted the motion to intervene of WildEarth Guardians. On June 12, 2009, MSLF filed a motion to dismiss its challenges to FWS’s 1998 decision to list the PMJM as a threatened species and its 2008 decision to amend the listing of the PMJM to specify over what portion of its range the species is threatened and to stay proceedings in the remaining challenge to FWS’s 2003 determination of critical habitat for the PMJM pending publication of the final revised critical habitat designation. On June 16, 2009, the Court granted MSLF's motion.
On October 8, 2009, the FWS's proposed rule regarding the PMJM was published. The proposed rule greatly expands critical habitat for the PMJM.
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