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Center for Biological Diversity v. Bernhardt

ELR Citation: 51 ELR 20113
Nos. CV-20-00461-TUC-JGZ, (D. Ariz., 06/17/2021) (Zipps, J.)

A district court denied FWS' motion to dismiss a challenge to its authorization of 12 leopard import permits from hunts expected to occur in Zimbabwe, Tanzania, and Zambia. Environmental groups argued FWS' authorization violated the ESA by making a non-detriment finding without considering the factors set forth in the Act, using the best available information, or taking precautionary measures as required by the Act when insufficient information is available or the factors are not satisfactorily addressed. The Service moved to dismiss for lack of standing. The court found the groups sufficiently alleged the authorization caused injury to their cognizable interests in observing leopards, and that their injury would likely be redressed by setting aside the permits. It therefore denied FWS' motion to dismiss.