Center for Biological Diversity v. Zinke

CBD filed suit challenging the FWS's decision not to list the arctic grayling as an endangered or threatened species under the Endangered Species Act (ESA). The Ninth Circuit reversed in part the district court's grant of summary judgment to FWS, holding that FWS acted in an arbitrary and capricious manner. The panel held that the 2014 Finding's decision that listing the arctic grayling was "not warranted" was arbitrary and capricious because it ignored the DeHaan study's evidence that shows decreasing numbers of breeders and instead heavily relied on a contrary finding showing increasing population; did not provide a reasoned explanation for relying on the existence of cold water refugia in the Big Hole River; failed to consider the synergistic effects of climate change solely because of "uncertainty"; and concluded that the Ruby River population was viable based on data collected over a shorter period than that underlying the 2010 Finding and FWS's own established criteria for viability. View "Center for Biological Diversity v. Zinke" on Justia Law