Jump to Navigation
Jump to Content

Biodiversity Legal Found. v. Babbitt

ELR Citation: 27 ELR 20462
Nos. 96-00227, 943 F. Supp. 23/(D.D.C., 10/10/1996)

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to list the Alexander Archipelago wolf as an endangered species was incorrectly based on future expectations of forest management and not solely on the basis of the best scientific and commercial data. Although the FWS made clear that there was a threatened destruction of the wolf's habitat, it concluded that future U.S. Forest Service actions would provide sanctuary for the wolf. The court holds that the FWS cannot use promises of proposed future actions as an excuse for not making a determination based on the existing record. If the FWS believes that without such a plan the wolf is threatened or endangered, then it is the FWS' duty under the Endangered Species Act to find that protected status is warranted. The court remands the case to the FWS for a determination of the wolf's status on the basis of the current Forest Service plan.

Counsel for Plaintiffs
Eric R. Glitzenstein
Meyer & Glitzenstein
1601 Connecticut Ave. NW, Ste. 450, Washington DC 20009
(202) 588-5206

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