Center for Biological Diversity v. Jewell

The federal district court for the District of Arizona rejected a challenge to the U.S. Fish and Wildlife Service’s (FWS’s) determination that the Sonoran Desert population of bald eagles did not constitute a distinct population segment (DPS) under the Endangered Species Act and was therefore not eligible for listing as threatened or endangered. One of plaintiffs’ arguments was that the FWS’s determination had failed to consider climate change as a relevant factor for establishing a DPS. The court found that the FWS had considered whether the Sonoran Desert bald eagles had unique characteristics that would help bald eagles as a whole under conditions caused by climate change, even though it had not done so under the heading of climate change.