Facts

In 2013, U.S. Fish and Wildlife Service published a proposal to list the Bi-State Sage Grouse as threatened under the Endangered Species Act. When it withdrew that proposal in 2015, several environmental groups, including Desert Survivors, filed suit against the U.S. Department of the Interior and U.S. Fish and Wildlife Service. The USDC Northern vacated the 2015 withdrawal and reinstated the 2013 proposal. On remand, the U.S. Fish and Wildlife Service reopened public comment on the 2013 proposal, but in 2020, it again withdrew the proposal and the environmental groups again filed a lawsuit against the U.S. Department of the Interior and U.S. Fish and Wildlife Service, this time challenging the 2020 withdrawal and seeking an order reinstating the 2013 proposal and requiring the U.S. Fish and Wildlife Service to again reconsider its proposal to list the Bi-State Sage-Grouse as endangered or threatened under the Endanger Species Act.

PLAINTIFFS’ CONTENTIONS: Plaintiffs made several contentions. First, they argued that the 2020 withdrawal was arbitrary, capricious and contrary to the Endangered Species Act. Second, the U.S. Fish and Wildlife Service misapplied the criteria established by federal regulations under the Policy for Evaluation of Conservation Efforts When Making Listing Decisions in violation of the Endangered Species Act and the Administrative Procedure Act. Third, the U.S. Fish and Wildlife Service’s Significant Portion of Its Range analysis violated the Endangered Species Act and Administrative Procedure Act.

DEFENDANTS’ CONTENTIONS: Defendants denied all contentions. They countered that they appropriately concluded that the population was stable; adequately considered the risks of extirpation; and reviewed all best available science.

Result

Plaintiff's motion for summary judgment was granted. The court concluded that the 2020 withdrawal was arbitrary and capricious. It vacated the withdrawal and remanded to the U.S. Fish and Wildlife Service to issue a new final listing decision.