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Public Employees for Environmental Responsibility v. Bernhardt

ELR Citation: 50 ELR 20035
Nos. 18-1547 (JDB), (D.D.C., 02/07/2020) (Bates, J.)

A district court dismissed for lack of standing a challenge to FWS' decision to delist the threatened Louisiana black bear under the ESA. Individuals and nonprofit groups challenged the Service's conclusions in its decision that the bear was recovered and no longer met the definition of a threatened species, and sought to have the decision vacated. The court concluded plaintiffs lacked standing because they failed to provide facts supporting their claims that delisting resulted in the likelihood of there being fewer bears to observe, study, and enjoy; substantially increased the risk of hybridization with other bear species; and subjected habitat areas on which plaintiffs depended for commercial, recreational, or aesthetic purposes to increased development. It therefore dismissed the suit for lack of standing.