ELR Citation: 48 ELR 20024
No(s). 16-35380 (9th Cir. Feb 12, 2018)

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on projected sea ice loss. Oil and gas companies challenged the ruling, and a district court found that the finding was too speculative and unsupported. The Ninth Circuit overturned that ruling, holding that the finding was not too speculative and the best available evidence supported NOAA's conclusion. The protections for the seal were reinstated.