On behalf of Friends of Blackwater, the Center for Biological Diversity, and others, we recently filed for summary judgment in a suit challenging the decision of the Fish and Wildlife Service to remove the West Virginia Northern Flying Squirrel from the protections of the Endangered Species Act. The Service had delisted the Squirrel despite the fact that the agency had not satisfied the requirements of its own formal recovery plan for the subspecies. Our brief seeks to reinstate protections for the imperiled Squirrel.