Jump to Navigation
Jump to Content

Western Watershed Project v. U.S. Fish & Wildlife Serv.

ELR Citation: 37 ELR 20306
Nos. No. CV-06-277, (D. Idaho, 12/04/2007)

A federal district court ruled that the U.S. Fish and Wildlife Service's (FWS) decision not to list the greater sage-grouse under the Endangered Species Act (ESA) was arbitrary and capricious and ordered the agency to reconsider the petition. Where the FWS excludes information provided by expert consultants, fails to provide a detailed record of experts' opinions, and ignores experts' opinions, the ESA listing determination violates the statutory requirement to apply "best science" as required by the ESA. Documented interference by a Deputy Assistant Secretary in the decision process taints that process and requires reconsideration without her involvement.