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The Bi-State Distinct Population Segment (DPS) of greater sage-grouse is again under review for potential listing with a decision as soon as May 2024. The U.S. Fish and Wildlife Service (USFWS) is requesting any new information since 2013 to make a new listing determination, which could include withdrawal, re-proposal, or a final listing status and critical habitat determination.

Here’s what you should know:

  • The United States District Court, Northern District of California vacated the USFWS March 31, 2020, withdrawal of the 2013 proposed rule to list the Bi-State DPS as threatened under the Endangered Species Act and designate critical habitat. The court’s action reinstated the 2013 proposed listing rule.
  • USFWS will again make a final decision about the proposed listing, expected in May 2024. The agency will either withdraw the proposed rule, list the population as proposed, or restart the process by issuing a revised proposed rule.
  • USFWS is initiating a new status review and reopening public comment on the proposed rules (at 78 FR 64358 and 78 FR 64328) through June 26, 2023. Previously submitted comments do not need to be resubmitted because they will be fully considered in preparing the final determination.


USFWS seeks written comments, information, and recommendations from all interested parties by June 26, 2023. Submit your comments electronically through the Federal eRulemaking Portal at:


Contact SWCA’s Endangered Species Act experts to help you understand how a listing could impact your projects. Our team of experts can help you prepare comments and mitigate the risk of listing on your project development.

stephanie [dot] graham [at] swca [dot] com (subject: Greater%20Sage-grouse) (Stephanie Graham) | Rockies

lauren [dot] huff [at] swca [dot] com (subject: Greater%20Sage-grouse) (Lauren Huff) | West

aglen [at] swca [dot] com (subject: Greater%20Sage-grouse) (Amanda Glen) | Central/East