ELR Citation: 52 ELR 20073
No(s). 21-601 (RJL) (D.D.C. Jun 24, 2022) (Leon, J.)

A district court dismissed a challenge to FWS rules delaying the effective date of a January 2021 rule that designated portions of Washington, Oregon, and California as critical habitat for the northern spotted owl. A trade group and counties throughout the Pacific Northwest sought to vacate the "delay rules" and require the January 2021 rule to go into immediate effect. FWS moved to dismiss the suit as moot in light of its subsequent issuance of a new final habitat rule in November 2021 that formally withdrew the January 2021 rule and the expiration of the two delay rules by their own terms. The court found that because the challenged delay rules had expired and had no ongoing effect, it could not provide plaintiffs with the relief they sought, and dismissed the suit.