San Francisco Baykeeper v. United States Fish And Wildlife Service

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division SAN FRANCISCO BAYKEEPER, Case No. 23-cv-06601-LB

Plaintiff, ORDER GRANTING PLAINTIFF'S

MOTION FOR SUMMARY

v. JUDGMENT IN PART

UNITED STATES FISH AND WILDLIFE Re: ECF No. 11 SERVICE, et al., 15 Defendants. 16 INTRODUCTION This case concerns the proposed listing of the longfin smelt DPS as an endangered species by the U.S. Fish and Wildlife Service. Plaintiff San Francisco Baykeeper, an advocacy organization, sued the federal defendants because the Service did not meet its one-year statutory deadline under the Endangered Species Act (ESA) to publish its final listing determination on its proposed rule to list the smelt as endangered, as required by the Endangered Species Act (ESA). 16 U.S.C. § 1533(b)(6)(A)(i). The plaintiff moved for summary judgment on its two claims: (1) a violation of the ESA, id. § 1533(b)(6)(A), for failure to publish a timely…