Clarifying the Endangered Species Act’s “Distinct Population Segment” Policy Through the Lens of Grizzly Bears

By Max Chaffetz​

Introduction
Since the inception of the Endangered Species Act (ESA) in 1973, roughly 2,300 plant and animal species have been listed as threatened or endangered,[1] but only fifty-three have been officially delisted due to recovery.[2]  That trend is beginning to shift dramatically, however, as many species are now beginning to show signs of recovery after enjoying decades of protection.  Of the fifty-three species delisted since 1973, over half (thirty-six) were delisted in the last ten years alone.[3]  But this wave of recovery has not come without administrative headaches for the U.S. Fish and Wildlife Service (FWS).  While the agency has successfully delisted a record number of species recently, it has also faced a record number of delisting failures.  Since 2008, federal courts have vacated twelve attempts by the FWS to delist various animal species.[4]  In other terms, roughly 25% of the FWS’s attempts to delist a threatened or endangered species in the last ten years have resulted in significant time and resources being diverted from conservation efforts to sunk legal costs. 

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