Louisiana-Mississippi Map Turtles/Endangered Species Act: Center for Biological Diversity Federal District Challenge to U.S

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Louisiana-Mississippi Map Turtles/Endangered Species Act: Center for Biological Diversity Federal District Challenge to U.S. Fish and Wildlife Service for Failure to List 01/28/2020 The Center for Biological Diversity and Healthy Gulf (collectively “CBD”) filed a Complaint for Declaratory Walter Wright, Jr. and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against [email protected] the United States Fish and Wildlife Service (“Service”) alleging a: (501) 688.8839 . failure to comply with the nondiscretionary deadlines set forth in the Endangered Species Act . Specifically, the Service failed to determine whether the Pascagoula map turtle . and Pearl River map Turtle . warrant protection as endangered or threatened under the Endangered Species Act within the congressionally mandated timeline set forth in Section 4 of the Act . The Pascagoula and Pearl River map turtles are stated to be found only in Louisiana and Mississippi. CBD argues that the turtles are threatened by habitat loss and degradation from dams, point-bar mining, pollution and river channelization. The Complaint asks that the Court enter a judgment providing the following relief: (1) Declare that Defendants violated the Endangered Species Act by failing to issue a timely 12-month finding regarding whether listing the Pascagoula map turtle and Pearl River map turtle as endangered or threatened is warranted; (2) Order Defendants to issue, by date certain, a finding regarding whether listing the Pascagoula map turtle and Pearl River map turtle as endangered or threatened is warranted; (3) Grant Plaintiffs their attorneys’ fees and costs in this action, as provided by the Endangered Species Act, 16 U.S.C. § 1540(g)(4); and (4) Provide such other relief as the Court deems just and proper. A copy of the Complaint can be downloaded here. Arkansas - Texas - MitchellWilliamsLaw.com.

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Water with Mollusks to Eat
JUNE 2019 • W ATER LOG 39:2 3 Lawsuit Threatened after ESA Protection Stalls for Mississippi Turtle Kristina Alexander In 2010, an environmental group filed a petition with Pearl River vs. Pascagoula Map Turtles the U.S. Fish and Wildlife Service (FWS) to protect 404 Map turtles (the genus Graptemys ) are sometimes called Southeast aquatic plants and animals under the sawbacks because they have ridges down their backs, often Endangered Species Act (ESA). In 2011, FWS issued its forming little spikes. They are not big turtles, although 90-day finding under the act, finding that the petition female Pearl River map turtles grow almost two-times as demonstrated substantial scientific information that big as the males’ maximum carapace length of 5 inches. listing 374 of those 404 species was warranted. Some of Map turtles have simple needs: sandbars for nesting, those species had been brought to FWS’s attention for snags for basking, and clean water with mollusks to eat. protection as early as 1975. However, one species was not The Pearl River map turtle’s exclusive habitat is the 444- singled out until 2018. That species is the Pearl River map mile Pearl River (see map) . The Pearl River map turtle turtle ( Graptemys pearlensis ) of Mississippi. 1 shares this habitat with the ringed map turtle, which is a 4JUNE 2019 • W ATER LOG 39:2 threatened species under the ESA. In 1990, FWS issued a The ESA allows people to sue FWS if the agency conservation plan for the ringed map turtle, protecting 12 misses deadlines. FWS frequently misses them, in no miles of the Pearl River north of the Ross Barnett small part due to the limited budgets Congress authorizes reservoir.
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