ELR Citation: 51 ELR 20093
No(s). 20-5088 (D.C. Cir. May 25, 2021)

In an unpublished opinion, the D.C. Circuit affirmed dismissal of a challenge to FWS' failure to provide notice and comment on its guidelines for creating species status assessments. An environmental group had argued that FWS violated the ESA by failing to put the guidelines through notice and comment. The district court dismissed, holding it lacked jurisdiction because the group had not suffered an injury-in-fact sufficient to establish standing. The appellate court found the group failed to demonstrate it had suffered any harm beyond the denial of notice and comment, which is a procedural injury that on its own does not establish standing. It therefore affirmed the district court's dismissal for lack of jurisdiction.