Center for Biological Diversity v. U.S. Fish & Wildlife Service

This case concerns Defendant-Appellee U.S. Fish and Wildlife Service’s (“FWS”) decision to enter into a Memorandum of Agreement (“MOA”) with several non-federal entities who were subject to a Nevada State Order mandating a groundwater pump test. FWS anticipated that the pump test may affect an endangered species, the Moapa dace, and worked with the parties to obtain an agreement to implement a variety of conservation measures in advance of the groundwater pump test. FWS conducted a formal consultation under the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq., and determined in a Biological Opinion (“Biop”) that FWS’s execution of the MOA would not jeopardize the Moapa dace. Plaintiff-Appellant Center for Biological Diversity (“CBD”) challenged the Biop and the district court granted summary judgment in favor of FWS and Intervenors-Defen-dants-Appellees Southern Nevada Water Authority (“SNWA”) and Coyote Springs Investment, LLC (“CSI”).

In this opinion, we resolve a challenge by FWS and Intervenors to CBD’s standing. Because we conclude that CBD does have standing, we also resolve CBD’s claims that the Biop was arbitrary and capricious because: (1) it unlawfully…