ELR Citation: 52 ELR 20047
No(s). 21-2019 (10th Cir. Apr 15, 2022)

The Tenth Circuit affirmed dismissal of ranching groups' challenge to FWS' designation of critical habitat for the endangered New Mexico meadow jumping mouse. The groups argued FWS' methodology for analyzing economic impacts of the designation violated the ESA and court precedent, that the Service failed to consider the impact on ranchers' water rights on federal lands, and that it failed to provide adequate reasoning for its decision not to exclude certain areas. The district court rejected the groups' claims and denied their petition for review. The appellate court found that the Service's method for assessing economic impacts complied with the ESA and did not violate precedent, that it adequately assessed the impact of the designation on the groups' water rights, and that it reasonably supported its decision not to exclude two areas from the designation. It affirmed dismissal of the petition.