Solicitor's Memorandum Opinion: The Meaning of 'Foreseeable Future' under the ESA

The Endangered Species Act (ESA) defines "threatened species" as "any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range." 16 U.S. C.§ 1532(20). This memorandum is intended to provide prospective guidance as to how the Secretary can best explain how a determination under section 4(a)(1) addresses the concept of the foreseeable future.

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Guidance
Program
A duck flies over a tundra pond.
We use the best scientific information available to determine whether to add a species to (list) or remove from (delist) the federal lists of endangered and threatened wildlife and plants. We also determine whether already listed species should be reclassified from threatened to endangered (uplist...
Close up of a California condor. Its pink featherless head contrasts with its black feathers.
We provide national leadership in the recovery and conservation of our nation's imperiled plant and animal species, working with experts in the scientific community to identify species on the verge of extinction and to build the road to recovery to bring them back. We work with a range of public...
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Endangered and/or Threatened species