Defenders of Wildlife v. Norton, 239 F. Supp. 2d 9 (D.D.C. 2002)
Defenders of Wildlife v. Babbitt, 958 F. Supp. 670 (D.D.C. 1997)
Case Summary:
On behalf of Defenders of Wildlife, the Biodiversity Legal Foundation, and other conservation groups, we challenged the Fish and Wildlife Service's refusal to list the entire contiguous US population of the lynx as an endangered or threatened species. We obtained a ruling from the United States District Court for the District of Columbia that the Service's "not warranted" finding violated the Endangered Species Act and ignored the views of the agency's own lynx experts. See Defenders of Wildlife v. Babbitt, 958 F. Supp. 670 (D.D.C. 1997). Following this decision, the Service conceded that listing of the lynx was warranted, but asserted that it was "precluded" by unspecified higher priorities. We brought another lawsuit, and, under great pressure from the Court, the Service entered into a settlement in which it agreed to finally propose the lynx for listing. After the Service unlawfully delayed making a final decision, we filed a third lawsuit, after which the Service finally listed the lynx as a threatened species throughout its range in the contiguous US.
We then filed another case challenging the Fish and Wildlife Service's failure to designate critical habitat for the Lynx, as well as the Service's decision to list the Lynx as a threatened, rather than an endangered, species. The court ruled in our favor on both issues, ordering the Service to reconsider whether to list the speces as endangered and to designate critical habitat. Pending the designation of critical habitat, the Court also enjoined the FWS from approving any projects that might affect Lynx without engaging in "formal consultation" – the first such relief issued for the FWS's failure to designate critical habitat. See Defenders of Wildlife v. Norton, 239 F. Supp.2d 9 (D.D.C. 2002). When the Bush Administration adopted a competely inadequate designation, the Court ruled that the decision was politcally motivated and imposed a strict timetable on the agency. The Obama Administration has now designated 25 million acres as critical habitat -- one of the largest such designations in the history of the Act.
Plaintiffs: Defenders of Wildlife, Biodiversity Legal Foundation, Northwest Ecosystem Alliance, The Fund for Animals, The Humane Society of the United States, Kettle Range Conservation Group, Minnesota Ecosystem Recovery, Oregon Natural Resources Council, Predator Project, Restore: The North Woods, Superior Wilderness Action Network, Voice of the Environment, Western Ancient Forest Campaign, and individuals.
Court: United States District Court for the District of Columbia