Center for Biological Diversity v. Bernhardt

Center for Biological Diversity and Environmental Protection Information Center filed a lawsuit in the federal district court for the Northern District of California to compel the U.S. Fish and Wildlife Service (FWS) to issue a final determination on the proposed listing of the coastal distinct population segment of Pacific marten (the “Humboldt marten”) as a threatened species. The complaint alleged that the Humboldt marten, a member of the weasel family, was “at high risk of extinction due to loss and fragmentation of its forest habitat by logging and fire,” and that climate change was expected to increase the severity and frequency of fire events. FWS previously determined in 2015 that listing was not warranted, a finding that the court remanded to FWS in 2017. In October 2018, FWS proposed to list the species as threatened, which the plaintiffs asserted triggered a requirement for issuance of a final determination within one year.