ELR Citation: ELR 20073
No(s). 07-372 (D. Ariz. Mar 30, 2009)

A district court set aside the U.S. Fish and Wildlife Service's (FWS') decision not to designate critical habitat or to prepare a recovery plan for the jaguar. The FWS' critical habitat designation determination was not based on the best scientific evidence available and was inconsistent with the statutory mandate of the Endangered Species Act. Similarly, the FWS' decision not to prepare a recovery plan was inconsistent with its own policy guidance and its long-standing practice regarding the distinction between foreign and domestic species. Accordingly, the FWS' previous determinations were set aside. The agency has until January 8, 2010, to determine whether it must designate critical habitat and prepare a recovery plan for the jaguar.