Jump to Navigation
Jump to Content

Friends of Blackwater v. Salazar

ELR Citation: 42 ELR 20181
Nos. 11-5128, (D.C. Cir., 08/17/2012)

The D.C. Circuit held that FWS did not violate the ESA by removing the West Virginia Northern Flying Squirrel from the list of endangered species even though several criteria in the agency's recovery plan for the species had not been satisfied. The FWS Secretary reasonably interpreted the ESA as not requiring that the criteria in a recovery plan be satisfied before a species may be delisted pursuant to the factors in the Act itself. A district court, therefore, erred by interpreting the recovery plan as binding on the FWS Secretary in his delisting decision. Because the Secretary's determination the West Virginia Northern Flying Squirrel was no longer endangered was neither arbitrary and capricious nor in violation of the ESA, the court reversed the judgment of the district court.