Center for Biological Diversity v. Bernhardt

Federal defendants and the Center for Biological Diversity and two other plaintiff organizations agreed to a settlement pursuant to which the defendants will issue a proposed determination for the designation of critical habitat for six distinct population segments of the green sea turtle, a species whose habitat is threatened by sea level rise among other factors. The defendants must submit the proposed determination for publication in the Federal Register by June 30, 2023. The settlement resolved a lawsuit filed in January 2020.

Three conservation groups filed a lawsuit in the federal district court for the District of Columbia seeking to compel the U.S. Fish and Wildlife Service and National Marine Fisheries Service to designate critical habitat for distinct population segments of the green sea turtle. The complaint alleged that turtles are protected under the Endangered Species Act “because they are threatened by habitat loss from coastal development, beach armoring, and sea level rise; disorientation of hatchlings by beachfront lighting; marine pollution; watercraft strikes; and as bycatch in fishing operations.” The plaintiffs contended that the turtle would remain at risk until the Services fulfilled their statutory obligation to designate critical habitat.