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Keywords

appealtrialendangered species act
appealtrialendangered species act

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Alaska Oil and Gas Ass’n v. Jewell, 815 F.3d 544, 82 ERC 1128, 16 Cal. Daily Op. Serv. 2201, 2016 Daily Journal D.A.R. 2003

Facts

In 2008, the FWS listed polar bears as a threatened species under the Endangered Species Act due to declining populations linked to climate change. Following this, the FWS proposed a critical habitat designation for polar bears in Alaska, which included three units, with the majority being sea ice habitat. The designation faced opposition from various stakeholders, including the State of Alaska and oil and gas associations, leading to legal challenges against the FWS's final rule.

In 2008, the FWS listed polar bears as a threatened species under the Endangered Species Act due to declining populations linked to climate change. Following this, the FWS proposed a critical habitat designation for polar bears in Alaska, which included three units, with the majority being sea ice habitat. The designation faced opposition from various stakeholders, including the State of Alaska and oil and gas associations, leading to legal challenges against the FWS's final rule.

Issue

Did the FWS's designation of critical habitat for polar bears comply with the Endangered Species Act and was it arbitrary and capricious?

Did the FWS's designation of critical habitat for polar bears comply with the Endangered Species Act and was it arbitrary and capricious?

Rule

The Endangered Species Act requires the FWS to designate critical habitat based on the best scientific data available, focusing on areas essential for the conservation of the species, and to provide written justification to states if the final designation conflicts with their comments.

The Endangered Species Act requires the FWS to designate critical habitat based on the best scientific data available, focusing on areas essential for the conservation of the species, and to provide written justification to states if the final designation conflicts with their comments.

Analysis

The court found that the FWS did not need to provide specific locations for each primary constituent element within the designated habitat. It held that the five-mile increment used to define the area was reasonable and that the inclusion of industrial staging areas was not arbitrary. The court also determined that the FWS complied with procedural requirements for providing justification to the State of Alaska.

The court found that the FWS did not need to provide specific locations for each primary constituent element within the designated habitat. It held that the five-mile increment used to define the area was reasonable and that the inclusion of industrial staging areas was not arbitrary. The court also determined that the FWS complied with procedural requirements for providing justification to the State of Alaska.

Conclusion

The Court of Appeals affirmed in part and reversed in part the district court's decision, holding that the FWS's designation of critical habitat was valid and not arbitrary or capricious.

The Court of Appeals affirmed in part and reversed in part the district court's decision, holding that the FWS's designation of critical habitat was valid and not arbitrary or capricious.

Who won?

The Fish and Wildlife Service prevailed in part because the Court of Appeals found that their designation of critical habitat was supported by the best scientific data and complied with the Endangered Species Act.

The Fish and Wildlife Service prevailed in part because the Court of Appeals found that their designation of critical habitat was supported by the best scientific data and complied with the Endangered Species Act.

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