WildEarth Guardians v. Haaland

The federal district court for the District of Court accepted federal defendants’ proposed schedule for fulfilling their statutory obligation under the Endangered Species Act to issue 12-month findings on whether listing of four freshwater aquatic species was warranted. The complaint alleged that the plaintiff submitted petition to list the species in 2013, 2014, and 2016; two of the four species—the Rio Grande chub and the Rio Grande sucker—were alleged to face threats from climate change. The plaintiff asked the court to require that the 12-month findings be completed within the nine months of the close of summary judgment briefing, but the court instead granted the defendants’ request that they be given until September 30, 2023 to complete 12-month findings for the sicklefin chub and sturgeon chub, and until June 14, 2024 for the Rio Grande chub and the Rio Grande sucker.

WildEarth Guardians and federal defendants reached an agreement for dismissal of one portion of an Endangered Species Act lawsuit challenging the defendants’ failure to make final listing determinations on five aquatic species. Pursuant to the agreement, the defendants agreed to submit a determination as to whether the listing of the narrow-foot hygrotus diving beetle as threatened or endangered is warranted for publication in the Federal Register by August 15, 2023. WildEarth Guardians agreed to dismiss with prejudice its claim based on the narrow-foot hygrotus diving beetle. The complaint alleged that WildEarth Guardians petitioned for listing of the beetle due to the organization’s concern that the beetle “will be unable to adapt and keep pace with changing climatic conditions, especially in light of the species’ restricted range.”

WildEarth Guardians filed a lawsuit in federal district court in the District of Columbia asserting that the U.S. Fish and Wildlife Service had violated the Endangered Species Act and the Administrative Procedure Act by failing to make final determinations on the organization’s petitions to list five aquatic species that inhabit western rivers and riparian ecosystems. The complaint alleged that climate change was one of the factors threatening the existence of three of the species.