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

Filing Year For Action

The federal district court for the District of Arizona remanded certain issues back to the U.S. Fish and Wildlife Service (FWS) for reconsideration in connection with the FWS’s biological opinion pursuant to the Endangered Species Act for the Rosemont Mine in the Coronado National Forest. The court said the FWS unlawfully applied a heightened standard of review in determining that the mine was not likely to result in destruction or adverse modification of jaguar critical habitat, failed to assess the “tipping” point in its jeopardy analysis for the northern Mexican gartersnake, and included an unlawful Incidental Take Statement in the biological opinion. The court rejected other arguments raised by the plaintiff, including the argument that in evaluating jeopardy and adverse modification of critical habitat as to various listed aquatic species, the FWS failed to consider cumulative impacts of groundwater drawdown from private wells alongside effects of the mine and climate change. The court found that the FWS and U.S. Forest Service were aware of and considered these issues.