ELR Citation: 51 ELR 20103
No(s). 19-35981 (9th Cir. Jun 3, 2021)

The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's 2017 decision reversing its 2011 decision that the Pacific walrus qualified for listing under the ESA. An environmental group had argued the Service violated the APA by failing to sufficiently explain its change in position from the 2011 decision, and the district court had granted summary judgment for FWS. The appellate court found that the Service's failure to offer more than a cursory explanation of why the findings underlying its 2011 decision no longer applied to its 2017 decision violated the APA. It reversed summary judgment with directions to the district court to remand to FWS to provide a sufficient explanation of its new position.