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Center for Biological Diversity v. Bernhardt

ELR Citation: 50 ELR 20043
Nos. 18-2576 (RC), (D.D.C., 02/12/2020) (Contreras, J.)

A district court dismissed a challenge to FWS' development of guidelines implementing its species status assessments (SSA) program under the ESA. An environmental group argued that the Service failed to provide public notice and an opportunity for comment on the guidelines, thus depriving the group of information that the ESA and APA required the Service to disclose. FWS moved to dismiss. The court found the group failed to show that by being denied information about the broader SSA program it suffered the type of harm Congress sought to prevent by requiring disclosure under the statutes, and thus that it failed to establish informational or associational standing. It therefore dismissed the suit for lack of subject matter jurisdiction.