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Keywords

endangered species act

Related Cases

Defenders of Wildlife v. Norton, 258 F.3d 1136, 53 ERC 1298, 31 Envtl. L. Rep. 20,846, 00 Cal. Daily Op. Serv. 6429, 2001 Daily Journal D.A.R. 7927

Facts

The flat-tailed horned lizard, native to parts of southern California, Arizona, and Mexico, has seen a significant loss of habitat due to human activities, with approximately 34% of its historic range disappearing. The Secretary of the Interior had identified the lizard as a candidate for protection under the Endangered Species Act since 1982, but after years of delays and a moratorium on species listings, the Secretary withdrew a proposed rule to list the lizard as threatened, citing insufficient evidence of population decline and the existence of a Conservation Agreement aimed at protecting the species.

Issue

Did the Secretary of the Interior act arbitrarily and capriciously in deciding not to list the flat-tailed horned lizard as a threatened species under the Endangered Species Act?

Rule

The Endangered Species Act requires the Secretary to consider five factors when determining a species' eligibility for protection, including habitat destruction and the adequacy of existing regulatory mechanisms. A species can be considered endangered if it is in danger of extinction throughout all or a significant portion of its range.

The Endangered Species Act protects species of fish, wildlife and plants which the Secretary identifies as either “endangered” or “threatened.” A species is “endangered” if it “is in danger of extinction throughout all or a significant portion of its range.”

Analysis

The court determined that the Secretary's decision was flawed because it did not adequately address whether the lizard was extinct in a significant portion of its range. The Secretary's reliance on the Conservation Agreement was insufficient, as it did not consider the lizard's viability in specific areas or the implications of habitat loss on private lands. The court emphasized that the Secretary must provide a satisfactory explanation for her conclusions regarding the lizard's status.

The Secretary did not, in her Notice, expressly consider the “extinction throughout … a significant portion of its range” issue at all. Had she applied the flexible standard we have adopted to the instant case, she might have determined that the lizard is indeed in danger of “extinction throughout … a significant portion of its range.”

Conclusion

The court reversed the district court's decision and remanded the case to the Secretary for further consideration of whether the flat-tailed horned lizard should be listed as a threatened species under the Endangered Species Act.

We therefore conclude that the Secretary's decision to withdraw the proposed rule recommending the lizard for ESA protection was arbitrary and capricious.

Who won?

Defenders of Wildlife prevailed in the case because the court found that the Secretary's decision was arbitrary and capricious, failing to consider critical factors regarding the lizard's status and habitat.

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Keywords

Related Cases

Defenders of Wildlife v. Administrator, E.P.A., 882 F.2d 1294, 30 ERC 1460, 19 Envtl. L. Rep. 21,440

Alaska Wilderness League v. Jewell, 788 F.3d 1212, 80 ERC 2036, 15 Cal. Daily Op. Serv. 5944, 2015 Daily Journal D.A.R. 6421

Boyd v. United States Mortgage & Trust Co., 25 Bedell 262, 187 N.Y. 262, 79 N.E. 999

The Lands Council v. McNair, 537 F.3d 981, 67 ERC 1001, 08 Cal. Daily Op. Serv. 8500, 2008 Daily Journal D.A.R. 10,244

Simpson v. City of North Platte, 206 Neb. 240, 292 N.W.2d 297