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Center for Biological Diversity v. Badgley

Citation: 33 ELR 20244
No. No. 01-35829, (9th Cir., 07/21/2003)

The court upholds the U.S. Fish and Wildlife Service's (FWS') determination that listing the northern goshawk in the western United States as a threatened or endangered species was not warranted under the Endangered Species Act. The FWS' decision was amply supported by evidence in the record. Based on the FWS-assembled goshawk status review team’s report, the FWS determined that the best available scientific and commercial data did not indicate the goshawk population was endangered or threatened. In the absence of evidence that the goshawk is endangered or likely to become endangered in the foreseeable future, the FWS' decision cannot be deemed arbitrary or capricious.

Counsel for Plaintiffs
Daniel J. Rohlf
Pacific Environmental Advocacy Center
Northwestern School of Law
10015 Terwilliger Blvd., Portland OR 97219
(503) 768-6700

Counsel for Defendants
Susan Pacholski
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000