Center For Biological Diversity, the Sierra Club, The Conservancy of Southwest Florida and others are seeking to overturn a Federal District Judge ruling in early April that refused to provide cougars with expanded critical habitat protections due to the technicality that the Cats were put on the Endangered Species roster prior to Critical habitat law being part and parcel of Endangered Species designation................Talk about a "penny wise/pound poor" ruling by that Judge.............Do you think he lacks ethics and empathy?

Conservationists seek reversal of court ruling on Florida panther habitat

Conservation groups have appealed a federal judge's junking of their lawsuit against the U.S. Fish and Wildlife Service in a bid to have the Florida panther's habitat identified and protected. The Conservancy of Southwest Florida, Sierra Club, Center for Biological Diversity, Public Employees for Environmental Responsibility and the Council of Civic Associations filed the appeal Wednesday before the U.S. Court of Appeals for the 11th Circuit.

In the appeal, the groups expressed disagreement with the federal district judge's ruling on April 6 that the Service does not have to designate critical habitat for the panther because the animal was listed as endangered before the critical habitat provisions were added to the Endangered Species Act. The judge said the Service's action was entirely discretionary and therefore not subject to judicial review.

In February, the groups sued the Service for denying their petitions to designate critical habitat for the panther. The groups insist that the designation of the panther's habitat would give the animal the greatest protection available under the federal Endangered Species Act and promote its recovery from the brink of extinction.

At present, about 120 Florida Panthers survive in the wild – clinging to less than five percent of their historic range, according to the groups. The Sierra Club claims that the Florida panther population suffered heavy mortality in 2010 with 23 deaths. This year 11 cats died, mostly due to collision with cars.

"You can't protect endangered species without protecting the places they live and that's what needs to happen to give the Florida panther any shot at survival," said Michael Robinson of the Center for Biological Diversity. "We're confident that the appellate court will recognize that the Interior Department has the authority and the urgent responsibility to protect critical habitat for the panther, which is disappearing as gated subdivisions and strip malls replace forests and wetlands in South Florida."