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WildEarth Guardians v. Haaland

ELR Citation: 51 ELR 20178
Nos. 2:19-cv-09473-ODW (KSx), (C.D. Cal., 09/20/2021) (Wright, J.)

A district court granted summary judgment for an environmental group in a challenge to FWS' decision not to list the Joshua tree as threatened under the ESA. The group challenged the Service's findings that Joshua trees were not threatened under either the five threat factors or throughout a significant portion of their range was arbitrary and capricious, and argued it failed to use the best available science. The court found the Service's determination that climate change and wildlife did not threaten the species and its conclusion that the species was not threatened in a significant portion of its range were arbitrary and capricious. It therefore granted summary judgment for the group, set aside the Service's decision, and remanded to the agency for reconsideration.