Description: Challenge to the U.S. Fish and Wildlife Service's decision not to list the Colorado River cutthroat trout as endangered or threatened.
Colorado River Cutthroat Trout v. Salazar
Filing Date Type File Action Taken Summary 10/16/2012 Opinion Download Opinion issued upholding Fish and Wildlife Service determination. Several environmental groups commenced an against the Fish and Wildlife Service (FWS) concerning its finding that listing the Colorado River Cutthroat Trout as endangered or threatened under the Endangered Species Act was not currently warranted. Among other things, plaintiffs alleged that the FWS did not consider the impact of climate change in assessing threats to the species. Both sides moved for summary judgment. The district court granted the FWS’s motion, holding that the agency’s finding was not contrary to the Endangered Species Act and was not arbitrary and capricious. In particular, the court held that there was no requirement that the agency discuss climate change in its listing decisions and that it was reluctant to impose such a requirement where the issue was not raised in the plaintiffs’ comments to the agency.