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

Good Law
274 F. App'x 542
United States Court of Appeals for the Ninth CircuitApril 18, 2008No. 06-35080California1,022 words

Opinion

Lead Opinion

MEMORANDUM **

The Center for Biological Diversity (“CBD”) appeals from an order of the district court granting summary judgment in favor of the United States Fish & Wildlife Service (“FWS”) and Intervenor-De-fendants Building Industry Association of Washington, et al. (“BIAW”). The order upheld a decision by the FWS not to designate the Southwestern Washington/Columbia River (“SWW/CR”) Distinct Population Segment (“DPS”) of the Coastal Cutthroat Trout (“CCT”) as threatened under the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1544 . We affirm in part, reverse in part, and remand.

CBD argues that FWS failed to consider sufficiently whether this DPS of the CCT *544 was threatened in the Lower Columbia River (“LCR”), which is a significant portion of the DPS’s range. It also asserts that FWS failed to consider at all whether the marine, estuary and near-shore ocean areas of this DPS constitute a significant portion of its range.

1. The agency concedes that the LCR is a significant portion of the DPS’s range; the parties dispute whether the agency sufficiently considered whether the DPS was threatened in the LCR, as opposed to the entire geographic range.

Upon review of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.