Facts

In 2006, plaintiff the Center for Biological Diversity and Turtle Island Restoration Network requested defendant Ken Salazar, Secretary of the US Dept. of the Interior, and the US Fish and Wildlife Service to list several penguin species as endangered or threatened under the Endangered Species Act (ESA). In 2010, plaintiffs filed a complaint for declaratory and injunctive relief regarding seven of the penguin species having not been determined to be on or off the ESA.

PLAINTIFFS' CONTENTIONS:
Plaintiffs challenged defendants' failure to issue a final listing determination as to seven of the penguin species as required by 16 U.S.C. Section 1533(b)(6)(A)(i).

Result

The parties reached a settlement. The Fish and Wildlife Service agreed to submit to the Federal Register final listing determinations, pursuant to the ESA, regarding the seven penguin species. Should either party fail to comply, the parties shall use alternate dispute resolution procedures before seeking relief from the court. The Fish and Wildlife Service also agreed to pay $8,000 for plaintiffs' attorney fees and costs.