Thursday, November 14, 2013

Center for Biological Diversity v. Morgenweck case brief

Center for Biological Diversity v. Morgenweck case brief
351 F.Supp.2d 1137

CASE SYNOPSIS: Plaintiffs, environmentalist advocates, filed a petition for review of agency action, pursuant to the Endangered Species Act, 16 U.S.C.S. § 1531 et seq., to overturn a finding by defendant United States Fish and Wildlife Service (FWS) that the petition did not present substantial evidence warranting listing of the Yellowstone cutthroat trout as threatened, because the finding was substantively incorrect and the review was flawed.

The advocates argued that scientific evidence showed that the native habitat of the Yellowstone cutthroat trout had declined and it should be listed at least as a threatened species under 16 U.S.C.S. § 1533(b)(3). 

  • The court found that the FWS used an incorrect standard to determine the extent of danger to the trout population, and improperly relied on voluntary and promised state management actions to deny protection for the trout. 
  • The petition for review contained substantial evidence indicating that listing the trout as threatened could be warranted. 
  • The advocates need only show that the substantial information in the petition demonstrated that listing of the species may be warranted. 
  • FWS had erroneously sought to apply a stricter standard, in violation of 5 U.S.C.S. § 706(2)(A) of the Administrative Procedures Act, 5 U.S.C.S. § 551 et seq. 
  • The law was clear that FWS could not consider future conservation efforts in its review of the petition. 
  • The FWS also failed to give proper consideration to the petition and its attached information pursuant to the 90-day review process, which was arbitrary and capricious.
CONCLUSION: The petition for review of agency action was granted, and the finding on the listing of the Yellowstone cutthroat trout was overturned. The FWS was ordered to complete a 12-month status review of the petition as required by statute.

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...