Description: Challenge to biological opinion for copper mine in Arizona.
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Center for Biological Diversity v. U.S. Fish & Wildlife Service
Case Documents:
Filing Date Type File Action Taken Summary 05/12/2022 Opinion Download District court order of July 31, 2019 affirmed. -
Center for Biological Diversity v. U.S. Fish & Wildlife Service
Case Documents:
Filing Date Type File Action Taken Summary 02/10/2020 Order Download Defendants' cross-motions for summary judgment granted in part and denied in part. Federal Court Remanded Three Endangered Species Act Issues for Arizona Mine, but Rejected Claim that Climate Change Cumulative Impacts on Groundwater Weren’t Considered. The federal district court for the District of Arizona remanded certain issues back to the U.S. Fish and Wildlife Service (FWS) for reconsideration in connection with the FWS’s biological opinion pursuant to the Endangered Species Act for the Rosemont Mine in the Coronado National Forest. The court said the FWS unlawfully applied a heightened standard of review in determining that the mine was not likely to result in destruction or adverse modification of jaguar critical habitat, failed to assess the “tipping” point in its jeopardy analysis for the northern Mexican gartersnake, and included an unlawful Incidental Take Statement in the biological opinion. The court rejected other arguments raised by the plaintiff, including the argument that in evaluating jeopardy and adverse modification of critical habitat as to various listed aquatic species, the FWS failed to consider cumulative impacts of groundwater drawdown from private wells alongside effects of the mine and climate change. The court found that the FWS and U.S. Forest Service were aware of and considered these issues. 07/31/2019 Order Download Summary judgment granted in favor of the plaintiffs and FEIS and ROD vacated and remanded. 12/14/2018 Reply Download Reply filed by federal defendants in support of motion for summary judgment on plaintiff CBD's claims in No. 4:17-cv-00475-TUC-JAS. 11/16/2018 Reply Download Center for Biological Diversity filed reply in support of motion for summary judgment and response to federal defendants' and Rosemont Copper Company's cross-motions for summary judgment. 10/26/2018 Memorandum Download Rosemont Copper Company filed combined memorandum in support of cross-motion for summary judgment and response to Save the Scenic Santa Ritas' motion for summary judgment. 10/26/2018 Memorandum Download Federal defendants filed memorandum in support of cross-motion for summary judgment and in opposition to plaintiff Save the Scenic Santa Ritas' motion for summary judgment. 10/26/2018 Statement Download Joint separate statement of facts filed by federal defendants and intervenor-defendants in support of motion for summary judgment in No. 4:17-cv-00576. 10/12/2018 Memorandum Download Rosemont Copper Company filed combined memorandum in support of cross-motion for summary judgment and response to Center for Biological Diversity's motion for summary judgment. 10/12/2018 Motion for Summary Judgment Download Federal defendants filed motion and memorandum in support for summary judgment and in opposition to plaintiff CBD's motion for summary judgment. 10/12/2018 Motion for Summary Judgment Download Federal defendants filed motion and memorandum in support of summary judgment and in opposition to Rosemont Copper Company's motion for summary judgment on its cross-claims. 08/24/2018 Motion for Summary Judgment Download Memorandum of law filed by Center for Biological Diversity in support of motion for summary judgment. 09/25/2017 Complaint Download Complaint filed. Center for Biological Diversity Challenged Biological Opinion for Copper Mine, Including Failure to Adequately Analyze Climate Impacts. The Center for Biological Diversity filed a lawsuit in the federal district court for the District of Arizona alleging the U.S. Fish and Wildlife Service’s (FWS’s) biological opinion for a proposed open-pit copper mine on the Coronado National Forest violated the Endangered Species Act (ESA). The Center also alleged that the U.S. Forest Service’s reliance on the biological opinion violated the ESA. The complaint also alleged violations of the Administrative Procedure Act. The Center contended that the mine would significantly impact a number of endangered species, including the Gila chub as well as one of three known wild jaguars in the United States. The complaint’s allegations included that the combined impacts of the mine and climate change would cause reduced flows in “key reaches” of a creek that had the only known stable and secure population of Gila chub in existence and also included more general allegations that the biological opinion failed to adequately describe and analyze the environmental baseline and cumulative effects, including the impacts of climate change.