Action timeline

1996 – The U.S. Virgin Islands Division of Fish and Wildlife petitioned to protect Agave eggersiana and Solanum conocarpum under the Endangered Species Act.

November 16, 1998 – The U.S. Fish and Wildlife Service agreed in a 90-day finding that there was credible information supporting listing and committed to issuing a final finding within nine months as to whether listing these species was warranted.

September 1, 2004 – After the Service failed to act for six years, the Center filed suit.

April 26, 2005 – The lawsuit resulted in a settlement agreement and the Service agreed to submit its final finding by February 2006.

2006 – The Service substantially changed its position, disregarded the opinions of its own experts, and published a 12-month “not warranted” finding for Agave eggersiana and Solanum conocarpum precluding any protection for the species under the Endangered Species Act.

September 9, 2008 – The Center filed suit against the Service once again for its failure to list the plants.

August 19, 2009 – The Center reached a settlement with the Service requiring the agency to take concrete steps toward protecting both plants. The Service agreed to propose a listing rule for Agave eggersiana by September 17, 2010, and to propose a listing rule for Solanum conocarpum by February 15, 2009.

September 21, 2010 – The Service announced that while Agave eggersiana warranted Endangered Species Act protection, that protection was precluded by higher-priority actions. The plant was relegated to the candidate list.

February 18, 2011 – The Service announced that while Solanum conocarpum warranted Endangered Species Act protection, that protection was precluded by higher-priority actions. The plant was relegated to the candidate list to join Agave eggersiana and more than 250 other imperiled species.

July 12, 2011 – The Center reached a landmark agreement with the Fish and Wildlife Service compelling the agency to move forward in the protection process for 757 species, including Agave eggersiana.