Description: Challenge to recovery plan for the coterminous United States population of bull trout.
-
Friends of the Wild Swan v. Thorson
Case Documents:
Filing Date Type File Action Taken Summary 07/05/2019 Opinion and Order Download Plaintiffs' motion for leave to file an amended complaint denied. 04/10/2019 Findings and Recommendations Download Magistrate judge recommended that motion for leave to file a first amended complaint be denied. 06/01/2017 Opinion and Order Action dismissed with leave to amend. Oregon Federal Court Dismissed Challenge to Bull Trout Recovery Plan. The federal district court for the District of Oregon adopted a magistrate judge’s recommendation that it dismiss a citizen suit challenging the Recovery Plan for the Coterminous United States Population of Bull Trout. The court agreed with the magistrate’s conclusion that the plaintiffs failed to state a claim for violation of a nondiscretionary duty under the Endangered Species Act and that the court therefore lacked jurisdiction. (The magistrate judge had found that the challenged aspects of the recovery plan, including the alleged failure to address the effects of climate change on cold water habitat, were discretionary.) The court, however, granted the plaintiffs leave to amend their complaint to assert additional facts that would demonstrate a violation of a nondiscretionary duty. A claim under the Administrative Procedure Act was dismissed with prejudice. 01/05/2017 Findings and Recommendations Download Findings and recommendation issued. Federal Magistrate Recommended Dismissal of Challenge to Bull Trout Recovery Plan, Including Claims of Failure to Address Climate Change. A federal magistrate judge in the District of Oregon recommended that a citizen suit challenging the Recovery Plan for the Coterminous United States Population of Bull Trout be dismissed. The magistrate judge agreed with the federal defendants that the challenged aspects of the plan, including the alleged failure to address the effects of climate change on cold water habitat, were discretionary and therefore not subject to challenge under the Endangered Species Act’s citizen suit provision. -
Friends of the Wild Swan, Inc. v. Thorson
Case Documents:
Filing Date Type File Action Taken Summary 08/22/2018 Memorandum Download Dismissal of claims affirmed.