ELR Citation: 44 ELR 20218
No(s). 13-0919 (D.D.C. Sep 30, 2014) (Contreras, J.)

A district court upheld FWS' withdrawal of a proposed rule that would have listed the dunes sagebrush lizard as an endangered species. Environmental groups challenged the decision, arguing that it failed to account for all of the statutory listing factors provided in the ESA, did not rely on the best available science as mandated by the ESA, and was arbitrary and capricious in violation of both the ESA and the APA. But the court disagreed. FWS sufficiently considered the five ESA listing factors—both individually and cumulatively. Given that the FWS thoroughly assessed a wide range of conservation efforts, its withdrawal decision was not arbitrary and capricious. In addition, FWS relied on the best available science in its assessment of the various conservation efforts. FWS examined the conservation measures in place and determined that they would be effective and would continue to eliminate threats to the lizard. The court therefore granted summary judgment in favor of the government.