Center for Biological Diversity v. U.S. Fish & Wildlife Service

Center for Biological Diversity (CBD) filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (FWS’s) determination that designation of critical habitat for the endangered Sierra Nevada red fox would not be prudent. FWS found that designation of critical habitat would fall within a regulatory category established in 2019 that allowed FWS to issue a not-prudent finding if the “present or threatened destruction, modification, or curtailment of a species’ habitat or range is not a threat to the species[.]” CBD alleged that FWS’s not-prudent finding failed to consider critical habitat’s role in ensuring the species’ recovery and survival and expanded the regulatory exception beyond statutory authority. CBD further alleged that best available scientific information demonstrated that the fox’s habitat was “subject to numerous threats, including motorized winter recreation, domestic livestock grazing, and climate change.” CBD asserted that FWS violated the Administrative Procedure Act and Endangered Species Act and asked the court to vacate the decision not to designate critical habitat and to remand for new proceedings within one year of entry of judgment.