ELR Citation: 50 ELR 20147
No(s). 19-5147 and 19-5152 (D.C. Cir. Jun 16, 2020)

The D.C. Circuit upheld FWS' withdrawal of prior findings for elephant trophy hunting in southern Africa. Conservation groups argued that FWS violated the APA by withdrawing its prior findings without providing notice and comment. The court found that a notice-and-comment period was not required for the withdrawal because the prior findings being withdrawn had been previously struck down for not undergoing notice and comment. The groups also challenged FWS' announcement that it intended to make future findings on a case-by-case basis when considering individual permit applications, arguing that a provision under the ESA allowed the Service to make enhancement findings only through rulemaking. The court found that the ESA gave FWS broad authority to issue regulations as it deemed necessary and advisable, and that nothing in the provision prevented the Service from creating rules that in turn made use of subsidiary adjudications. It therefore affirmed dismissal of the groups' claims.