The Secretary may determine that although scientifically warranted, listing is precluded because of sufficient conservation already under way or because listing would conflict with the success or more important recovery efforts taken under this Act. The Secretary must decide within one year of listing whether recovery is a feasible goal for the species. The basis of this decision must be published in the Federal Register. Feasibility decisions may be changed. Clarifies standing and standards of review for legal challenge of a listing decision, feasibility finding or other action.
Standing includes any person directly and substantially affected.
After prima facie showing by petitioner, the burden of proof shifts to the government to establishthat the decision or action meets the requirements set forth in this Act. In cooperation with the states, the Secretary must implement a system to monitor for at least five years the status of species which have recovered and been delisted. Exceptions of self-defense, protection of others and property. No penalty shall be imposed if proof of a good faith belief in need to protect oneself and other individuals from bodily harm or to protect property from significant damage. On state and private lands with the consent of the landowner, federal agencies may so act.