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Center for Biological Diversity v. Bernhardt

ELR Citation: 50 ELR 20118
Nos. 19-cv-05206-JST, (N.D. Cal., 05/18/2020) (Tigar, J.)

A district court dismissed for lack of standing a challenge to FWS' and NMFS' issuance of rules that revised key requirements of ESA's implementing regulations. Conservation groups argued that the rules failed to provide an adequate EIS in violation of NEPA, failed to provide adequate notice and comment in violation of the APA, and failed to make rational decisions with respect to ESA §7 regulatory revisions and repeal of the blanket §4(d) rule in violation of the ESA. The agencies argued the groups lacked standing and moved to dismiss. The court found that the groups' complaint failed to establish a concrete and particularized injury-in-fact with respect to their members and their organizations, and thus failed to demonstrate organizational standing or standing on behalf of their members. It therefore dismissed the suit.