Badgley

Biodiversity Legal Foundation, several environmental groups, and individuals (“Appellants”) appeal the district court’s partial grant of summary judgment in favor of Appellees, the Department of Interi- or and the United States Fish and Wildlife Service (“the Service”). The district court ruled that the Service has discretion under 16 U.S.C. § 1533 (the Endangered Species Act (“ESA”)) to make substantial information findings beyond the twelve-month deadline imposed for warranted/not-warranted findings. We reverse and hold that the only way to interpret subsection (b)(3)(A) in harmony with subsection (b)(3)(B) is by limiting the Service’s discretion under (b)(3)(A) to the firm deadline imposed by (b)(3)(B).

In its cross-appeal, the Service appeals the district court’s denial of the Service’s request for additional time within which to make three court-ordered warranted/not-warranted findings in dispute. The district court held that, under the ESA, it lacked equitable discretion to grant relief to allow the government the time requested to make the statutory determinations. We affirm the district court’s conclusion and hold that the ESA forecloses the exercise of discretion when…