Center for Biological Diversity v. United States Department of Housing and Urban Development

MEMORANDUM

The Center for Biological Diversity (“the Center”) appeals the district court’s summary judgment in favor of the United States Department of Housing and Urban Development (“HUD”), the United States Small Business Administration (“SBA”) and the United States Department of Veterans Affairs (“VA”) (collectively, “the agencies”) for claimed violations of the Endangered Species Act (“ESA”) and the National Environmental Policy Act (“NEPA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo, Biodiversity Legal Found. v. Badgley, 309 F.3d 1166 , 1175 (9th Cir.2002), and we affirm.

Under the ESA, federal agencies must review their actions to determine whether they may affect listed species or critical habitat. 50 C.F.R. § 402.14 ; Gifford Pinchot Task Force v. U.S. Fish & Wildlife Serv., 378 F.3d 1059 , 1063 (9th Cir.2004). Effects of the action refers to both direct and indirect effects. 50 C.F.R. § 402.02 . Indirect effects are those that are caused by the proposed action and are later in time, but still reasonably certain to occur. Id. NEPA requires federal agencies to complete an Environmental Impact…