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The Climate Litigation Database

Friends of the Wild Swan v. Thorson

Geography
Year
2016
Document Type
Litigation
Part of

About this case

Filing year
2016
Status
Plaintiffs' motion for leave to file an amended complaint denied.
Docket number
3:16-cv-00681-AC
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Oregon (D. Or.)
Case category
Federal Statutory Claims (US)Endangered Species Act and Other Wildlife Protection Statutes (US)
Principal law
United StatesEndangered Species Act (ESA)
At issue
Challenge to recovery plan for the coterminous United States population of bull trout.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
07/05/2019
Plaintiffs' motion for leave to file an amended complaint denied.
Decision
04/10/2019
Magistrate judge recommended that motion for leave to file a first amended complaint be denied.
Report And Recommendation
01/05/2017
Findings and recommendation issued.
A federal magistrate judge in the District of Oregon recommended that a citizen suit challenging the Recovery Plan for the Coterminous United States Population of Bull Trout be dismissed. The magistrate judge agreed with the federal defendants that the challenged aspects of the plan, including the alleged failure to address the effects of climate change on cold water habitat, were discretionary and therefore not subject to challenge under the Endangered Species Act’s citizen suit provision.
Report And Recommendation

Summary

Challenge to recovery plan for the coterminous United States population of bull trout.

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Group
Topics
Policy instrument
Economic sector
Adaptation/resilience
Finance