Natural Resources Defense Council, Inc. v. Bernhardt

The U.S. Fish and Wildlife Service agreed to submit a proposed rule designating critical habitat for a rusty patch bumble bee or a final determination that such designation is not prudent by July 31, 2020.

Natural Resources Defense Council (NRDC) filed a lawsuit in the federal district court for the District of Columbia challenging the federal government’s failure to designate critical habitat for the rusty patched bumble bee, which was listed as endangered on January 11, 2017. The complaint alleged that the species had disappeared from 87% of the counties it once occupied and identified habitat loss, pesticide use, climate change, and disease as threats to the bee. NRDC asserted that the failure to designate critical habitat constituted a violation of the Endangered Species Act or, alternatively, a violation of the Administrative Procedure Act.