Center for Biological Diversity v. Bernhardt

Center for Biological Diversity (CBD) and U.S. Department of the Interior defendants reached an agreement that resolved CBD’s lawsuit that sought to compel action under the Endangered Species Act with respect to 24 species, including six species that CBD identified in its complaint as threatened by climate change. Pursuant to a stipulated settlement agreement, the U.S. Fish and Wildlife Service must abide by a schedule for making 12-month findings as to whether listing is warranted for nine species, final listing determinations for two species, proposed critical habitat designations for four species, and final critical habitat designations for two species. The agreement provides that any challenges to final determinations made in accordance with the agreement must be filed in separate actions.