San Francisco Baykeeper v. United States Fish And Wildlife Service
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO BAYKEEPER,
Case No. 21-cv-02566-JCS Plaintiff, 8 v. ORDER DENYING MOTION TO INTERVENE AND MOTION TO
UNITED STATES FISH AND WILDLIFE DISMISS
SERVICE, et al., Re: Dkt. Nos. 13, 15 Defendants.
12 I. INTRODUCTION Plaintiff San Francisco Baykeeper (“Baykeeper”) brings this action against the United States Fish and Wildlife Service (“the Service”); Martha Williams, in her official capacity as Principal Deputy Director of the Service; and Debra Haaland (“the Secretary”), in her official capacity as Secretary of the United States of the Interior (collectively, “Federal Defendants”). Baykeeper alleges that Federal Defendants violated the Administrative Procedure Act (“APA”) by arbitrarily and capriciously finding under the Endangered Species Act (“ESA”) that: (1) listing of the Longfin Smelt (Spirinchus thaleichthys) (San Francisco Bay-Delta distinct vertebrate population segment)…