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Keywords

plaintiffcomplianceendangered species act

plaintiffdefendantmotionsummary judgmentmotion for summary judgmentendangered species act

Related Cases

Conservation Council for Hawai’i v. Babbitt, 24 F.Supp.2d 1074

Facts

The case arose when the United States Fish and Wildlife Service (FWS) issued final rules stating that it would not designate critical habitats for 245 endangered or threatened Hawaiian plant species, claiming that such designation was not prudent. The plaintiffs, including various environmental organizations, challenged this decision, arguing that the FWS failed to consider all relevant factors. The court found that the FWS's reasoning was flawed and remanded the case for reconsideration of the critical habitat designations.

On March 9, 1998, the Court issued an order granting Plaintiffs' motion for summary judgment, denying Defendants' motion for summary judgment, and remanding this case to the FWS.

Issue

Did the FWS act arbitrarily and capriciously in its decision not to designate critical habitats for the 245 endangered or threatened Hawaiian plant species under the Endangered Species Act?

Rule

Under the Endangered Species Act, the Secretary of the Interior is required to designate critical habitats concurrently with the determination that a species is endangered or threatened, to the maximum extent prudent and determinable.

The ESA provides that, “to the maximum extent prudent and determinable,” the Secretary of Interior or Commerce (“the Secretary”) shall designate a critical habitat concurrently with the determination that a species is endangered or threatened. 16 U.S.C. § 1533(a)(3).

Analysis

The court determined that the FWS had acted arbitrarily and capriciously by failing to consider all relevant factors in its decision not to designate critical habitats. The court emphasized that the FWS must adhere to the statutory deadlines for publishing proposed rules regarding critical habitat designations and that the agency's claims of resource limitations did not justify delaying compliance with the ESA.

The Court held that the FWS, in finding that designation of critical habitats was not prudent, had acted arbitrarily, capriciously, and contrary to law because it had failed to consider all relevant factors.

Conclusion

The court ordered the FWS to publish proposed rules regarding designation or nondesignation of 100 of the subject plant species by November 30, 2000, and for the remaining 145 species by April 30, 2002. The court concluded that the FWS must fulfill its statutory duties under the ESA.

The Court finds the following to be reasonable deadlines. The FWS shall publish proposed rules regarding designation or nondesignation of 100 of the subject plant species by November 30, 2000, and publish rules regarding the remaining 145 species by April 30, 2002.

Who won?

The private citizens' groups prevailed in the case because the court found that the FWS had acted arbitrarily and capriciously in its decision not to designate critical habitats, thus requiring the agency to comply with the statutory deadlines.

The Court concluded that the case should be remanded to the FWS to reconsider the designation of critical habitats in light of the Court's decision.

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