Description: Lawsuit challenging the determination that the listing of the Pacific walrus as endangered or threatened was not warranted.
Center for Biological Diversity v. Zinke
Filing Date Type File Action Taken Summary 02/26/2019 Memorandum Download Memorandum filed in support of plaintiff's motion for summary judgment. 11/16/2018 Order Download Motion to compel denied in part and granted in part. 08/06/2018 Motion Download Plaintiffs filed motion to compel completion of the administrative record. 03/08/2018 Complaint Download Complaint filed. Center for Biological Diversity Challenged Decision Not to List Pacific Walrus as Endangered or Threatened. The Center for Biological Diversity filed a lawsuit in federal district court for the District of Alaska asserting that the U.S. Fish and Wildlife’s decision not to list the Pacific walrus as a threatened or endangered species violated the Endangered Species Act. CBD alleged that best available science showed that massive loss of sea ice habitat due to climate change threatened the species’s continued existence and was already having negative effects on the animals. CBD asserted five claims for relief under the Endangered Species Act and Administrative Procedure Act: failure to explain a change in position from the Service’s 2011 conclusion that the Pacific walrus warranted protection; improper “foreseeable future” analysis based on the year 2060 when best available science provided projections of sea ice loss through 2100; failure to consider best available scientific data and reaching conclusions contrary to such data; improper and inconsistent treatment of scientific uncertainty; and failure to conduct a proper listing analysis.