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Action timeline

January 25, 1992 – The Center and a coalition of environmental groups submitted a petition to the U.S. Fish and Wildlife Service to place the southwestern willow flycatcher on the endangered species list. The Service refused to process the petition.

February 27, 1995 – In response to litigation from the Center, the Service listed the flycatcher as endangered under the Endangered Species Act.

1996 – The Service found that critical habitat for the flycatcher was “not determinable,” and the Center filed a lawsuit challenging that finding.

July 22, 1997 – In response to an order from a federal judge, the Service set aside about 600 river miles in Arizona, California, and New Mexico as critical habitat for the southwestern willow flycatcher.

2001 – The flycatcher’s critical habitat designation was struck down by the courts for having an inadequate economic analysis. The Fish and Wildlife Service made no move to conduct a proper analysis.

2002 – The Center filed suit to reinstate critical habitat.

October 19, 2005 – The Service designated 120,824 acres of critical habitat in Arizona, Southern California, southeastern Nevada, New Mexico, and southwestern Utah. This designation included more than 250,000 acres less than that which had been proposed.

August 28, 2007 – The Center submitted a formal notice of intent to sue the Bush administration over the southwestern willow flycatcher’s inadequate 2005 critical habitat designation, as well as 54 other illegal Endangered Species Act decisions. Three months later, the Service announced that it would not change the bird’s critical habitat designation.

Photo by Suzanne Langridge, USGS