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Center for Biological Diversity v. Bernhardt

Filing Date: 2020
Case Categories:
  • Federal Statutory Claims
    • Endangered Species Act and Other Wildlife Protection Statutes
  • Federal Statutory Claims
    • Other Statutes and Regulations
Principal Laws:
Endangered Species Act (ESA), National Forest Management Act (NFMA)
Description: Lawsuit challenging federal defendants’ failures to take actions to protect the endangered New Mexico meadow jumping mouse.
  • Center for Biological Diversity v. Bernhardt
    Docket number(s): 4:20-cv-00075
    Court/Admin Entity: D. Ariz.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/17/2021 Settlement Agreement Download Unopposed joint motion filed to approve stipulated settlement agreement and to dismiss case. Parties Settled Suit Concerning Protections for Endangered New Mexico Meadow Jumping Mouse. Center for Biological Diversity and Maricopa Audubon Society agreed to a settlement resolving their claims that federal defendants failed to take actions to protect the endangered New Mexico meadow jumping mouse in the Apache-Sitgreaves National Forest. The U.S. Forest Service agreed to certain steps to inspect, maintain, and repair a boundary fence, and also to inspect riparian fencing and exclosures within jumping mouse critical habitat and to remove horses and cattle when they are found within exclosures. The U.S. Fish and Wildlife Service agreed to prepare a draft recovery plan for the jumping mouse by the end of January 2022, and to finalize the plan by the end of January 2023. The plaintiffs alleged that the jumping mouse’s habitat was threatened by drought and wildfires, both exacerbated by climate change; the Forest Service viewed climate change effects as part of the baseline, not as a result of the management plan for the national forest.
    02/13/2020 Complaint Download Complaint filed. Conservation Groups Sought Protections for Endangered New Mexico Meadow Jumping Mouse. Center for Biological Diversity and Maricopa Audubon Society filed a lawsuit challenging federal defendants’ failures to take actions to protect the endangered New Mexico meadow jumping mouse. The complaint alleged that a 2014 Species Special Assessment Report identified sources of habitat loss for the jumping mouse that included drought and wildfires, both exacerbated by climate change. In correspondence to the plaintiffs, the U.S. Forest Service declined to reinitiate consultation under the Endangered Species Act concerning the impacts of the ongoing implementation of the Land Management Plan (LMP) for the Apache-Sitgreaves National Forest on the jumping mouse. The Forest Service indicated that effects of climate change and other effects were part of the baseline for the LMP, not the result of the LMP. The complaint asserted violations of the Endangered Species Act and the National Forest Management Act.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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