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Center for Biological Diversity v. Salazar

Filing Date: 2007
Case Categories:
  • Federal Statutory Claims
    • Endangered Species Act and Other Wildlife Protection Statutes
Principal Laws:
Administrative Procedure Act (APA), Endangered Species Act (ESA)
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
    Docket number(s): 4:07-cv-00484
    Court/Admin Entity: D. Ariz.
    Case Documents:
    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.

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

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