Feb 22, 2017 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).