Northwest Ecosystem Alliance v. United States Fish and Wildlife Service

The United States Fish and Wildlife Service (the “Service”) denied a petition to classify western gray squirrels in Washington state as an endangered “distinct population segment” (“DPS”) under the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq. Plaintiff-appellants Northwest Ecosystem Alliance, Center for Biological Diversity, and Tahoma Audubon Society (collectively, the “Alliance”) sought review of the Service’s decision in the district court, which entered summary judgment upholding the Service’s determination. The Alliance filed a timely notice of appeal. We affirm.

I. BACKGROUND

A. The Endangered Species Act

Congress enacted the ESA to “provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, [and] to provide a program for the conservation of such endangered species and threatened species.” 16 U.S.C. § 1531 (b). The ESA requires the Service to identify and list species that are “endangered” or “threatened.” 16 U.S.C. § 1533 . The Service may list a species, on its own initiative, through notice-and-comment rule-making. 16 U.S.C. § 1533 (b)(5). Alternatively, a species may become listed through the…