ELR Citation: 50 ELR 20119
No(s). 19-cv-06013-JST (N.D. Cal. May 18, 2020) (Tigar, J.)

A district court denied FWS' and NMFS' motion to dismiss a challenge to the agencies' issuance of rules that revised key requirements of the ESA's implementing regulations. States and conservation groups argued that the agencies exceeded their statutory authority in issuing the rules in violation of the ESA and the APA, that they failed to take a hard look at the environmental impacts of the rules in violation of NEPA, and that issuing the rules was arbitrary and capricious. The agencies argued the groups lacked standing and moved to dismiss. The court found that the groups' complaint provided detailed allegations that demonstrated injury-in-fact, causation, and redressability with respect to all of their claims. It therefore denied the agencies' motion to dismiss.