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Desert Survivors v. U.S. Department of the Interior

ELR Citation: 48 ELR 20081
Nos. 16-cv-01165, (N.D. Cal., 05/15/2018) (Spero)

A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In addition, FWS violated its own policy when it failed to offer any basis for concluding that conservation efforts described in a bi-state action plan are sufficiently certain to be effective. Nor did FWS offer any explanation in support of its conclusion that certain population management units were not a significant portion of the species' range.