The federal district court for the District of Alaska granted Center for Biological Diversity’s (CBD’s) motion to intervene as a defendant in a lawsuit challenging the National Marine Fisheries Service’s (NMFS’s) rejection of a petition to delist the Arctic ringed seal under the Endangered Species Act. NMFS listed the Arctic ringed seal as threatened in 2012. The court found that CBD satisfied the requirements to intervene as of right. First, CBD demonstrated through its efforts to obtain and defend the listing of the Arctic ringed seal significant protectable interests in the species’ protection under the Endangered Species Act. The court further found that these interests had a relationship to the claims at issue because a ruling for the plaintiffs would make it more difficult for CBD to protect these interests. Second, the court found that disposition of the action might impair or impede CBD’s ability to protect its interests even though there were other means by which CBD could protect its interests. Third, the court found that CBD had overcome the presumption that its interests would be adequately represented by existing parties, including NMFS. The court said there was no guarantee that NMFS would make arguments “concerning what [CBD] views as the ‘overwhelming scientific consensus’ that climate change will harm the Arctic ringed seal’s habitat, the inadequacy of existing regulatory mechanisms to address the threat of climate change, and reasons why the species must remain listed.” The court also noted that CBD had “developed independent expertise on specific issues facing the Arctic ringed seal and the science surrounding the climate impacts that threaten its critical habitat” and that “[t]his scientific expertise … , coupled with [CBD’s] extensive involvement in this specific listing decision, should help elucidate the issues before the Court.” The court also found “no indication” that the plaintiffs or NMFS had demonstrated the same degree of expertise.

Challenge to the National Marine Fisheries Service's rejection of a petition to delist the Arctic ringed seal under the Endangered Species Act.

Alaska v. National Marine Fisheries Service

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Federal Court Cited Center for Biological Diversity’s Climate Change Expertise as Factor in Allowing Intervention in Arctic Ringed Seal Case

Filed

United States of America

Alaska

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Federal Court Cited Center for Biological Diversity’s Climate Change Expertise as Factor in Allowing Intervention in Arctic Ringed Seal Case

Policy instrument

Risk

Fossil fuel

Economic sector

Adaptation/resilience

Finance