Description: Challenge to biological opinions issued in connection with groundwater pumping by a U.S. Army base in southeastern Arizona.
Center for Biological Diversity v. Bernhardt
Filing Date Type File Action Taken Summary 03/13/2020 Complaint Download Complaint filed. Lawsuit in Arizona Federal Court Asserted That Biological Opinions Failed to Consider Climate Change in Analysis of Military Base’s Impacts. Two plaintiffs filed a lawsuit in federal court in Arizona seeking to set aside biological opinions that concluded that groundwater pumping by a U.S. Army base in southeastern Arizona was not likely to jeopardize any endangered species that rely on the San Pedro River or destroy or adversely modify critical habitat. The complaint included nine causes of action under the Endangered Species Act, including one for failing to address the impacts species would face from climate change and failing entirely to analyze climate change in connection with the base’s operations. Another cause of action asserted that consultation under the Endangered Species Act should have been reinitiated, due in part to new information showing that climate change “has had a more rapid and severe impact in the Southwest than anticipated.”