Center for Biological Diversity v. Bernhardt

In a lawsuit seeking to compel the U.S. Fish and Wildlife Service (FWS) to list the Southern Mountain Caribou distinct population segment (DPS) as endangered or threatened, conservation groups filed a notice of voluntary dismissal after the FWS issued a final rule listing the DPS as endangered and designating critical habitat. The final rule identified climate change as a threat to the caribou and stated that “changes in climate could directly impact the southern mountain caribou DPS by: (1) Reducing the abundance, distribution, and quality of caribou habitat; (2) limiting the ability of caribou to move between seasonal habitats; and (3) limiting their ability to avoid predation. Impacts from climate change may also affect caribou and their habitat by affecting external factors such as increased disease and insect outbreaks, increased fire occurrence, and changes in snow depth.”

Three conservation groups filed a lawsuit to compel the U.S. Fish and Wildlife Service (FWS) to issue a final rule listing the Southern Mountain Caribou distinct population segment (DPS) as threatened or endangered under the Endangered Species Act and to make a final determination on the designation of critical habitat. The complaint alleged that the FWS had already found that the Southern Mountain Caribou faced significant threats, including destruction and curtailment of habitat due to logging, forest fires, insect outbreaks, human development, recreation, and climate change. The FWS proposed listing the DPS as threatened in 2014 and reopened the proposed rule for comments in 2015 and 2016.