OutdoorWire

Extreme Terrain



New on Access Central
H.R. 2199: Central Coast Heritage Protection Act
by outdoorwire. 04/23/19 11:28 PM
S. 1111: Central Coast Heritage Protection Act
by outdoorwire. 04/23/19 11:17 PM
Support OutdoorWire...
More News on the 'Wire

4x4Voice
4x4Wire
MUIRNet-News
Forum Statistics
Forums19
Topics1,634
Posts1,693
Members45
Most Online277
Apr 12th, 2019
Who's Online Now
0 registered members (), 66 guests, and3 spiders.
Key: Admin, Global Mod, Mod
Previous Thread
Next Thread
Print Thread
Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine #1225
05/05/17 07:30 PM
05/05/17 07:30 PM
Joined: Jan 2013
Posts: 1,779
Lakeside, CA
outdoorwire Offline OP

Pooh-Bah
outdoorwire  Offline OP

Pooh-Bah
Joined: Jan 2013
Posts: 1,779
Lakeside, CA
On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination that listing the whitebark pine (Pinus albicaulis) as a threatened or endangered species is “warranted but precluded.” Wildwest Inst. v. Kurth, No. 14-35431 (9th Cir. Apr. 28, 2017). Two environmental groups, Wildwest Institute and the Alliance for the Wild Rockies (Plaintiffs), filed a lawsuit challenging the Service’s determination, asserting that the Service violated the Endangered Species Act (ESA) by (1) not strictly following the Service’s listing priority guidelines; (2) considering factors outside of the guidelines; and (3) finding that listing the whitebark pine was precluded by species with a lower degree of threat without providing individualized explanations for each of the precluding species. Plaintiffs also argued that the Service inappropriately relied on budget limitations and court-ordered listing deadlines.

Plaintiffs’ arguments focused on the legislative history of the ESA and the listing priority number that the Service had assigned to the whitebark pine as compared to other species that precluded its listing. The Ninth Circuit rejected Plaintiffs’ interpretation of the legislative history, finding instead that the relevant portion of the ESA is clear on its face. The court then found that the ESA and the Service’s listing priority guidelines provided room for flexibility, and that nothing in the ESA, legislative history or guidelines requires the Service to make its listing decisions based solely on the listing priority number assigned to a species. The Ninth Circuit also concluded that the Service’s concise discussion of the other precluding species was appropriate. Finally, the Ninth Circuit noted that it was appropriate for the Service to consider budgets and court-ordered deadlines for other species when making a “warranted but precluded” finding.

Source: Endangerd Species Law and Policy


John Stewart
Editor, OutdoorWire.com
Resources Consultant, California Four Wheel Drive Association
Board of Directors, BlueRibbon Coalition
Re: Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine [Re: outdoorwire] #1226
05/05/17 08:19 PM
05/05/17 08:19 PM
Joined: Jan 2013
Posts: 1,779
Lakeside, CA
outdoorwire Offline OP

Pooh-Bah
outdoorwire  Offline OP

Pooh-Bah
Joined: Jan 2013
Posts: 1,779
Lakeside, CA
Justia Opinion Summary
The court affirmed the FWS's finding that listing the whitebark pine as a threatened or endangered species was "warranted but precluded." Wildwest asserted that FWS's decision was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law. Determining that the case was not moot, the court concluded that FWS was not bound to list species based solely on the degree of threat they face as demonstrated by the assigned Listing Priority Number (LPN), that instead it could properly consider factors outside of those listed in the guidelines, and further that FWS's decision contained a sufficient “description and evaluation of the reasons and data on which the finding was based” to satisfy the Endangered Species Act (ESA), 16 U.S.C. 1531-1544.

Court Description: Endangered Species Act. The panel affirmed the district court’s summary judgment in favor of the Director of the U.S. Fish and Wildlife Service and the Secretary of the Department of the Interior (“FWS”) and the State of Wyoming in a suit brought by environmental groups under the Endangered Species Act, challenging FWS’s finding that listing the whitebark pine as a threatened or endangered species is “warranted but precluded.” The Secretary’s “warranted but precluded” finding recognizes that a species qualifies for protection under the Endangered Species Act, but does not actually give any protection to the species. The panel held that because the case was capable of repetition, yet evading review, the case was not moot. The panel held that the FWS’s finding that listing the whitebark pine was “warranted but precluded” satisfied the Endangered Species Act, and that the decision was not arbitrary, capricious, an abuse of discretion, or otherwise in WILDWEST INSTITUTE V. KURTH 3 violation of the law. The panel held that the FWS was not bound to list species based solely on the degree of threat they face as demonstrated by the assigned Listing Priority Number, and that instead it could properly consider factors outside of those listed in the guidelines. The panel further held that FWS’s decision contained a sufficient “description and evaluation of the reasons and data on which the finding is based” to satisfy the Endangered Species Act. 16 U.S.C. § 1533(b)(3)(B)(iii). The panel held that the FWS may properly consider its budget, and court orders or statutory deadlines relating to pending proposals for other species, when concluding that the listing of a given species was “warranted but precluded.”

Read the opinion at: http://law.justia.com/cases/federal/appellate-courts/ca9/14-35431/14-35431-2017-04-28.html



John Stewart
Editor, OutdoorWire.com
Resources Consultant, California Four Wheel Drive Association
Board of Directors, BlueRibbon Coalition

OutdoorWire Websites

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California off road recreation news and information Read More
MUIRNet News

MUIRNet News

News and information about issues affecting outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and 4x4 Technical news and information Read More
TrailTalk

TrailTalk

4x4Wire TrailTalk Forums for a variety of 4x4 tech information Read More

4x4Wire Tech Section

Jeep 4x4 Tech

Jeep 4x4 Tech

Jeep Tech from JeepWire - Mods, Maintenance, Tech and more... Read More
Isuzu 4x4 Tech

Isuzu 4x4 Tech

Isuzu Tech from 4x4Wire - Mods, Maintenance, Tech and more... Read More



4x4Wire Social:

| 4x4Wire on FaceBook | Google+4x4Wire on Google+|


OutdoorWire, 4x4Wire, JeepWire, TrailTalk, MUIRNet-News, and 4x4Voice are all trademarks and publications of OutdoorWire, Inc. and MUIRNet Consulting.
Copyright (c) 1999-2018 OutdoorWire, Inc and MUIRNet Consulting - All Rights Reserved, no part of this publication may be reproduced in any form without express written permission
You may link freely to this site, but no further use is allowed without the express written permission of the owner of this material.
All corporate trademarks are the property of their respective owners.

Page Time: 0.009s Queries: 14 (0.004s) Memory: 0.9609 MB (Peak: 1.0799 MB) Zlib disabled. Server Time: 2019-04-25 13:42:49 UTC