Court Reinstates Proposal to List Lower-48 Wolverine as Threatened

On May 26, 2022, the U.S. District Court for the District of Montana issued an opinion remanding with vacatur the U.S. Fish and Wildlife Service’s withdrawal of its 2013 proposed rule to list a distinct population segment of wolverines as threatened under the Endangered Species Act (“ESA”). The case is Center for Biological Diversity, et. al. v. Haaland, et al., Case No. 20-181 (D. Mt. 2022).

In 2013, the Service issued a proposed rule to list the lower-48 wolverine as a threatened distinct population segment. The Service subsequently withdrew the proposed rule, but that withdrawal decision was challenged and remanded to the Service. In 2020, the Service again sought to withdraw its proposed listing rule. Facing a new challenge in this case, the Service filed a motion seeking voluntary remand of the withdrawal without vacatur. Although Plaintiffs supported the voluntary remand, they insisted vacatur was necessary.

The court ruled that the Service’s withdrawal contained enough serious errors to warrant vacatur and that vacatur would not have disruptive consequences. Addressing the merits of Plaintiffs’ arguments, the court concluded that the Service erred in its application of “foreseeable future” and by relying on problematic studies and disregarding other important studies related to the wolverine. In determining that vacatur would not have disruptive consequences, the court found that reinstatement of the proposed rule would not cause confusion and would provide benefits to the wolverine in that it would be considered in relevant ESA section 7 consultations given its proposed-listing status. Based on all this, the court vacated the Service’s withdrawal and remanded the matter to the Service with an 18-month deadline to issue a new final listing decision.

If you have any questions about this case or the ESA, please contact Jared Wigginton at jared@goodstewardlegal.com.

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