Summary of the matter addressed in the submission:

The Submitters allege that provisions of the “Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995” (“Rescissions Act”) have resulted in a failure to enforce effectively selected provisions of the Endangered Species Act. Specifically, submitters allege that the Rescissions Act prohibits the Fish and Wildlife Service from making “final determinations” for species or critical habitat designations for the remainder of Fiscal Year 1995. Submitters further allege that the Rescissions Act rescinds $1.5 million from the budget allocated to the listing program and prohibits the Fish and Wildlife Service from compensating for the loss from other programs.

Names and citations of the environmental laws in question:

Endangered Species Act, 16 U.S.C. 1631-1544

Submitter(s):

Biodiversity Legal Foundation; Consejo Asesor Sierra Madre; Forest Guardians; Greater Gila Biodiversity Project; and, Southwest Center for Biological Diversity - Represented by Earthlaw

Submission Timeline

July 5, 1995

The Secretariat received a submission and began a preliminary analysis of it under the guidelines.

Submission - Submission authored by Submitter(s) on 30/06/1995

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 07/07/1995

July 5, 1995

The Secretariat began reviewing the submission under Article 14(1)

July 19, 1995

The Secretariat determined that the submission met the Article 14(1) criteria and the Secretariat began considering whether to request a response from the concerned government Party.

Determination - Secretariat Determination under Article 14 (1) authored by Secretariat on 19/07/1995

September 21, 1995

The Secretariat notified the submitter(s) that under Article 14(2), the submission did not merit requesting a response from the concerned government Party, and that submitter(s) had thirty days to file new or supplemental information.

Determination - Secretariat Determination under Article 14(2) authored by Secretariat on 21/09/1995

October 17, 1995

The Secretariat received new or supplemental information from submitter(s).

Submission - Submission authored by Submitter(s) on 27/10/1995

December 11, 1995

The Secretariat determined not to request a response from the concerned government Party. Under guideline 8.1, the process was therefore terminated.

Determination - Secretariat Determination under Article 14(2) authored by Secretariat on 11/12/1995