Facts

The Center for Biological Diversity threatened to file suit against the U.S. Fish and Wildlife Service, alleging the Service had violated the Endangered Species Act by failing to list the the Galapagos petrel and the Heinroth's shearwater as endangered species. Listing under the Act provides significant benefits to foreign species, including granting the President the authority to fund foreign protection programs, permitting the Service to encourage conservation programs and provide associated training, making available U.S. expertise and funds, and drawing worldwide attention to the plight of the protected species.

PLAINTIFF'S CONTENTIONS:
The Center claimed the Service violated the Act by failing to finalize listings despite the fact that they had been found to warrant protection.

Result

The parties reached a settlement whereby the Service agreed to make final listing determinations under the ESA. The Service also agreed published proposed endangered species listing determinations for 25 other birds and make final determinations for an additional four birds.