ELR Citation: 48 ELR 20012
No(s). 16-cv-1909 (CRC) (D.D.C. Jan 31, 2018) (Cooper, J.)

A district court held that FWS applied an improper standard when it concluded there was not adequate scientific evidence to warrant listing the Yellowstone bison population under the ESA. Environmentalists petitioned the agency in 2014 to list the Yellowstone bison as either threatened or endangered. They argued that hunting, disease and climate change threatened the bison and that the management plan, managed by the state of Montana and Yellowstone National Park, was inadequate for ensuring the survival of the population. A year after the petition was filed, FWS found the environmental groups had failed to present substantial evidence of threats to the bison. The groups challenged the decision, arguing that FWS used an improper standard in evaluating the petition. The district court held that FWS imposed too high a standard and ignored information favorable to the environmentalists' argument. The petition was remanded to FWS to apply the proper standard.