Description: Challenge to biological opinion analyzing impacts of Arizona military installation on endangered bird and plant, including for failure to consider climate change.
Center for Biological Diversity v. Salazar
Filing Date Type File Action Taken Summary 10/30/2017 Complaint Download First amended complaint filed. 05/27/2011 Order Download Plaintiffs' motion for summary judgment granted. The federal district court for the District of Arizona ruled that a biological opinion prepared by U.S. Fish and Wildlife Service (FWS) to evaluate the impacts of a military installation's operations on the endangered southern willow flycatcher and Huachuca water umbel violated the Endangered Species Act and was arbitrary and capricious. Among other things, the court found that the FWS had failed to use best available science because it had not analyzed or even mentioned climate change in the biological opinion. The court indicated that the FWS was required to consider best available science, even if it was uncertain.