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The Climate Litigation Database
Litigation

Natural Resources Defense Council, Inc. v. U.S. Fish & Wildlife Service

Date
2021
Geography
District of Columbia
Part of
Natural Resources Defense Council, Inc. v. U.S. Fish & Wildlife Service

About this case

Filing year
2021
Status
Plaintiffs' motion for summary judgment granted, defendants' motion for summary judgment denied, and critical habitat designation vacated and remanded.
Geography
Docket number
1:21-cv-00770
Court/admin entity
United States → United States Federal Courts → D.D.C.
Case category
Federal Statutory Claims → Endangered Species Act and Other Wildlife Protection Statutes
Principal law
United States → Administrative Procedure Act (APA)United States → Endangered Species Act (ESA)
At issue
Lawsuit challenging the U.S. Fish and Wildlife Service's determination that designation of critical habitat for the rusty patch bumble bee would not be prudent and seeking to compel designation of critical habitat for the species.

Documents

Filing Date
Type
Action Taken
Document
Summary
08/11/2023
Decision
Plaintiffs' motion for summary judgment granted, defendants' motion for summary judgment denied, and critical habitat designation vacated and remanded.
View
The federal district court for the District of Columbia ruled that the U.S. Fish and Wildlife Service did not set forth a reasoned basis for its decision not to designate critical habitat for the rusty patched bumble bee, which was listed as endangered in 2017. The court found that “[t]he record does not demonstrate that critical habitat ‘would not be beneficial’ in any way to the bee.” The court said that even if habitat loss and degradation were not a primary threat to the species, the FWS did not suggest that habitat loss was not “a” threat. The court also said the FWS’s characterization of the species as a “habitat generalist” did not answer the question of whether it could gain any potential benefits from critical habitat designation. Finally, the court rejected the contention that ongoing Section 7 consultation in areas occupied by the bee made critical habitat designation not beneficial.
03/24/2021
Complaint
Complaint filed.
View
Three organizations filed a lawsuit in federal court in the District of Columbia to compel the U.S. Fish and Wildlife Service (FWS) to designate critical habitat for the rusty patch bumble bee, which was listed as endangered in 2017. The plaintiffs alleged that the bee, “[o]nce common throughout the midwestern and northeastern United States, northward into Canada, the bee has disappeared from the vast majority of its native range and now stands on the brink of extinction, owing to habitat loss and destruction, pesticide use, disease, parasites, and climate change.” The plaintiffs asserted that the FWS’s reasons for determining that designation of critical habitat would not be prudent violated the Endangered Species Act and the Administrative Procedure Act, as well as FWS regulations. The FWS made its determination that designation would not be prudent after reaching a settlement in an <a href="https://climatecasechart.com/case/natural-resources-defense-council-inc-v-bernhardt/">earlier case</a> with Natural Resource Defense Council in 2019 that set a schedule for a determination on critical habitat.

Summary

Lawsuit challenging the U.S. Fish and Wildlife Service's determination that designation of critical habitat for the rusty patch bumble bee would not be prudent and seeking to compel designation of critical habitat for the species.