Center for Biological Diversity v. Burgum

Center for Biological Diversity filed lawsuit in the federal district court in the District of Columbia seeking to compel the U.S. Fish and Wildlife Service to designate critical habitat for the endangered black-capped petrel, a medium-sized seabird that breeds and nests in the high elevations of the Caribbean. The complaint asserted that the failure to designate critical habitat violated FWS’s mandatory duty under the Endangered Species Act. The complaint identified threats faced by the petrel—including habitat loss, disorientation due to artificial lighting, oil spills, fatal collisions with offshore structures, and exposure to produced water from oil and natural gas extraction. The complaint alleged that “[c]limate change—including increased storm intensity and frequency—further exacerbates these threats, making the designation of critical habitat essential for the survival and recovery of the species.”