Alaska Oil and Gas Ass'n v. Penny Pritzker

The National Marine Fisheries Service (“NMFS”) used climate projections to determine that the loss of sea ice over shallow waters in the Arctic would leave the Pacific bearded seal subspecies (Erigna-thus barbatus nauticus) endangered by the year 2095. This case turns on one issue: When NMFS determines that a species that is not presently endangered will lose its habitat due to climate change by the end of the century, may NMFS list that species as threatened, under the Endangered Species Act? The district court answered in the negative, ruling that NMF.S’s listing decision was arbitrary and capricious. We hold that on the basis of the administrative record, NMFS’s listing decision is reasonable. Accordingly, we reverse the district court’s grant of summary judgment in favor of Plaintiffs.

I.

In 2008, the Center for Biological Diversity (“CBD”) filed a petition requesting that the Secretary of Commerce list three “sea ice seal” species as endangered or threatened under the Endangered Species Act (“ESA” or “the Act”), 16 U.S.C. §§ 1531-44 . See 16 U.S.C. § 1533 (b)(l)(3) (citing 5 U.S.C. § 553 (e)) (relating to the process for consideration of a petition for rulemaking);…