Center for Biological Diversity v. United States Environmental Protection Agency

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CENTER FOR BIOLOGICAL No. 23-2946 DIVERSITY, a non-profit D.C. No. organization, 4:22-cv-00138-

JCH

Plaintiff - Appellee, v.

UNITED STATES OPINION

ENVIRONMENTAL PROTECTION

AGENCY; MICHAEL S. REGAN,

Administrator of the United States Environmental Protection Agency,

Defendants - Appellants.

Appeal from the United States District Court for the District of Arizona John Charles Hinderaker, District Judge, Presiding

Argued and Submitted April 7, 2025 San Francisco, California

Filed March 3, 2026

Before: Sidney R. Thomas, Richard A. Paez, and Eric D. Miller, Circuit Judges. Opinion by Judge Paez; Dissent by Judge Miller

SUMMARY *

Environmental Law /Standing

The panel affirmed the district court’s summary judgment in favor of the Center for Biological Diversity (“CBD”) in its action against the U.S. Environmental Protection Agency (“EPA”) seeking to invalidate the EPA’s 2016 cadmium recommendations, and to compel the EPA to engage in a consultation under Endangered Species Act (“ESA”) § 7 before promulgating new recommendations…