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

Center for Biological Diversity filed a lawsuit challenging the U.S. Fish and Wildlife Service’s determination that the Clear Lake hitch—a large freshwater minnow native to Clear Lake in Lake County, California—was not warranted for listing under the Endangered Species Act. The complaint alleged that the decision was unlawful and failed to rely on the best scientific and commercial data available, including by arbitrarily ignoring the FWS’s own analysis that hitch “are critically vulnerable to climate change.” The complaint asserted claims under the Endangered Species Act and the Administrative Procedure Act.