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Environmental Law
Endangered Species Act

Defenders of Wildlife, et al. v. U.S. Fish and Wildlife Service, et al.

Published: Oct. 21, 2022 | Result Date: Feb. 10, 2022 | Filing Date: Jan. 14, 2021 |

Case number: 4:21-cv-00344-JSW Summary Judgment –  Plaintiff

Judge

Jeffrey S. White

Court

USDC Northern District of California


Attorneys

Plaintiff

Gregory C. Loarie
(Earthjustice)

Kristen L. Boyles
(Earthjustice)

Timothy J. Preso
(Earthjustice)

Michael Mayer
(Earthjustice)


Defendant

Michael R. Eitel
(U.S. Dept. of Justice)

Jason DeForest
(Utah Attorney General's Office)

Kelsie L. Last
(Utah Attorney General's Office)


Facts

In 1973, Congress enacted the Endangered Species Act, which was designed to protect endangered species in the United States. Gray wolves were one of the first species listed for protection pursuant to the act, and with this protection in place, their population began to grow, and the wolves began to reoccupy their native habitats. As a result, in 2020, the United States Fish and Wildlife Service sought to delist most gray wolves as a protected species. In 2021, a rule delisting gray wolves as a protected species became effective.

Several environmental advocacy groups filed three related suits against the U.S. Fish and Wildlife Service and David Bernhardt, the U.S. Secretary of the Interior, for its delisting and elimination of Endangered Species Act protections for gray wolves throughout the contiguous United States.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the defendants' actions violated the Endangered Species Act. Specifically, that defendants failed to apply the five-factor test laid out in the Act to determine if a species meets listing factors; failed to assess gray wolves' status within significant portions of their current range; failed to adequately consider existing management of gray wolves by states; failed to consider gray wolves' lost historical range; and denied a petition to designate distinct population segments of gray wolves.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing and all of the plaintiffs' material allegations.

Result

The court granted summary judgment in favor of the plaintiffs.

Other Information

Related Cases: Wildearth Guardians, et al. v. United States Department of the Interior, et al., Case Number: 4:21-CV-00349-JSW; Natural Resources Defense Council Inc. v. United States Department of the Interior, et al., Case Number 4:21-CV-00561-JSW


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