Friends of Animals v. Dan Ashe, 420 U.S. App. D.C. 361

FOA petitioned the Service in 2012 to list 10 sturgeon species as endangered or threatened.
The ESA requires initial determinations within 90 days and final determinations within 12 months from petition filing, with the 12-month deadline fixed to the petition date.
The Service did not issue any initial or final determinations for the petitions for more than a year.
FOA gave 60-day notice in August 2013 alleging failure to make determinations for 39 species; suit followed in October 2013.
The District Court dismissed for defective notice; the Court of Appeals reviews de novo and affirms the dismissal on notice grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether notice was proper under §1540(g)(2)(C).	Friends of Animals contends a single 60-day notice suffices after 12 months.	Ashe argues notice must precede suit only for non-discretionary duties and must follow the triggering of the duty.	Notice improper; pre-violation notice not allowed.
Whether the 12-month final-determination deadline affects when notice may be given.	Friends of Animals seeks consolidated suit after 60 days.	Service’s duty to final determination arises only after a positive initial determination.	Final-determination duty cannot be enforced before initial determination; notice before any positive initial determination is insufficient.

Hallstrom v. Tillamook County, 493 U.S. 20 (1989) (mandatory notice requirement under ESA-like provisions;)
Biodiversity Legal Foundation v. Badgley, 309 F.3d 1166 (9th Cir. 2002) (12-month final determination deadline constrains timing of initial determinations)
Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., 549 U.S. 422 (2007) (notice/suits contexts; caution against premature suits)
Public Citizen v. U.S. District Court for the District of Columbia, 486 F.3d 1342 (D.C. Cir. 2007) (standing and notice-governmental-suits considerations)