The federal district court for the Central District of California set aside the U.S. Fish and Wildlife Service’s (FWS’s) 2023 finding that Joshua trees did not warrant listing as threatened or endangered under the Endangered Species Act. The court found, among other things, that the FWS was arbitrary and capricious because it did not explain why it did not use current trends and standards regarding greenhouse gas emissions as the basis for its definition of “foreseeable future,” which for this review was defined as midcentury (2040–2069) because the FWS found that after that time, it could not make reliable projections regarding the Joshua trees’ responses to threats and stressors. The court also found that the FWS failed to explain its change in policy from using the end of the century as the foreseeable future timeframe in a 2019 finding (which the court <a href="https://climatecasechart.com/case/wildearth-guardians-v-bernhardt-5/">previously set aside</a>) and using a midcentury timeframe in the 2023 finding. In addition, the court found that the FWS did not use the best available data to make decisions regarding climate change and that its evaluation of cumulative threats was arbitrary and capricious. In addition, the court found problems with the FWS’s determination regarding the “significant portion” of the Joshua trees’ range. The court also declined to adopt a <a href="https://climatecasechart.com/case/maine-lobstermens-association-inc-v-national-marine-fisheries-service/">D.C. Circuit rule</a> that courts “may not give species the benefit of the doubt when faced with uncertainty”; the court said it would instead abide by Ninth Circuit and Supreme Court precedent “requiring that courts ensure agencies use the best science available but allowing courts to honor Congress’s intent by giving species the benefit of the doubt.” The court remanded to the FWS for reconsideration.

Challenge to the decision not to list two species of Joshua tree under the Endangered Species Act.

WildEarth Guardians v. U.S. Fish & Wildlife Service

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

California Federal Court Said Fish and Wildlife Service Failed to Use Best Available Climate Data in Listing Determination for Joshua Trees

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California Federal Court Said Fish and Wildlife Service Failed to Use Best Available Climate Data in Listing Determination for Joshua Trees

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Fossil fuel

Greenhouse gas

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Adaptation/resilience