Second Joint Notice of Intent to Sue Based on the U.S. Fish and Wildlife Service Failure to Make a 12-Month Finding on the Petition to Remove the American Burying Beetle From the List of Endangered Species

Second Joint Notice of Intent to Sue Based on the U.S. Fish and Wildlife Service Failure to Make a 12-Month Finding on the Petition to Remove the American Burying Beetle From the List of Endangered Species

Dear Acting Secretary Haugrud, Acting Director Kurth, and Regional Director Tuggle: On behalf of the American Stewards of Liberty and the Independent Petroleum Association of America, we write to inform you of our intent to file a civil suit against the U.S. Fish and Wildlife Service (“Service”) pursuant to the citizen suit provision of the Endangered Species Act (“ESA”), 16 U.S.C. § 1540(g). We provide this letter to you pursuant to the 60-day notice requirement of the ESA citizen suit provision. Specifically, the basis for the intended lawsuit is that the Service has failed to timely make its required 12-month finding on the petition to delist the American burying beetle (Nicrophorus americanus) in accordance with 16 U.S.C. § 1533(b)(3)(B).

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