Interior Wins ESA Listing Case:

The Bush Administration has had an extremely difficult time defending decisions not to list species as "threatened" or "endangered" under the Endangered Species Act (ESA). I suppose it was about time that they won one. Well, they did. In American Wildlands v. Kempthorne, the U.S. Court of Appeals for the D.C. Circuit upheld the Administration's decision not to list the westslope cutthroat trout as a threatened species.

According to Wikipedia -- not always an unbiased source on green matters:

The Westslope cutthoat trout is the Montana state fish. This subspecies is at risk.

Guess that's what happens when Red states elect Democrats to the US Senate.
7.8.2008 4:37pm
Dr. T (mail) (www):
The main reason we have so many endangered species is due to the quirks of taxonomy, where animals with minor differences in characteristics from their closest cousins are named as new species instead of sub-species. The environmentalists love this, of course, since it becomes easier for a single species to be endangered. If we had been wise, we would have regulated 'endangerment' at the genus level (eg: just 3 genera of trout instead of dozens of species).
7.8.2008 7:25pm
Would that it stopped at subspecies. The statute recognizes distinct population segments (DPSs), which have morphed into Evolutionarily Significant Units (ESUs). Wait until the Makah of Washington State get their waiver to hunt a few gray whales from NMFS, a final agency action. You will hear about resident whales, migrating whales, and who knows what other kind of whales, each an ESU. The Makah will be spent out of the case.
7.8.2008 8:17pm