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

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.

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.