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Keywords

regulationendangered species act

Related Cases

Sierra Club v. U.S. Fish and Wildlife Service, 245 F.3d 434, 52 ERC 1464, 176 A.L.R. Fed. 733, 31 Envtl. L. Rep. 20,504

Facts

The Gulf sturgeon, a threatened species, was listed under the Endangered Species Act (ESA) in 1991 due to habitat destruction and overfishing. Following its listing, the FWS and NMFS failed to designate critical habitat by the statutory deadline, despite assurances to the Orleans Audubon Society that they were in the process of doing so. In 1995, the agencies decided not to designate critical habitat, claiming it was 'not prudent' based on an invalid regulation. This decision was challenged by the Sierra Club, leading to a series of court rulings.

The Gulf sturgeon is a large, wide-ranging fish that can reach up to fifty years of age and five-hundred pounds in size.

Issue

Did the FWS and NMFS err in determining that it was 'not prudent' to designate critical habitat for the Gulf sturgeon based on an invalid regulation?

This case requires us to assess the validity of agency action under the Endangered Species Act (ESA).

Rule

The ESA requires the Secretary of the Interior to designate critical habitat for listed species unless it is determined that such designation is not prudent. The regulation defining 'not prudent' must align with the intent of the ESA and cannot conflict with its provisions.

The ESA requires the Secretary of the Interior to 'designate any habitat of such species which is then considered to be critical habitat' concurrently with the listing of the threatened species, unless a statutory exception applies.

Analysis

The court determined that the agencies' reliance on the invalid regulation, which conflated the standards for jeopardy and adverse modification, led to an erroneous conclusion that designation of critical habitat was not beneficial for the Gulf sturgeon. The court emphasized that the ESA mandates critical habitat designation for threatened species and that the agencies failed to consider the full implications of their decision.

The Services concluded that designation would not provide any additional benefit to the sturgeon.

Conclusion

The court reversed the district court's ruling and remanded the case, instructing the agencies to reconsider their decision regarding critical habitat designation for the Gulf sturgeon in light of the correct legal standards.

We now turn to the substance of the 1998 decision. The district court found the 1998 decision to be valid, despite the facial conflict between 50 C.F.R. § 402.02 and the ESA.

Who won?

Sierra Club prevailed in the case because the court found that the agencies' decision was based on an invalid regulation and was therefore arbitrary and capricious.

Sierra Club contends that the regulation which informs much of the Services' 1998 decision facially conflicts with the ESA.

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Keywords

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Sierra Club v. E.P.A., 292 F.3d 895, 54 ERC 1878, 352 U.S.App.D.C. 191, 32 Envtl. L. Rep. 20,738