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