ELR Citation: 51 ELR 20121
No(s). CV-19-184-M-KLD (D. Mont. Jun 22, 2021) (DeSoto, J.)

A district court granted summary judgment for FWS in a challenge to the adequacy of its recovery plan for the threatened bull trout. Environmental groups argued the plan failed to include objective and measurable criteria as required under §4(f) of the ESA. The court found that the ESA did not impose a nondiscretionary duty on the Service to include the five statutory listing factors into a recovery plan, and thus that it lacked jurisdiction over the groups' challenges. It therefore granted summary judgment for FWS.