ELR Citation: 52 ELR 20009
No(s). 20-798 (RDM) (D.D.C. Jan 12, 2022) (Moss, J.)

A district court granted environmental groups' motion for summary judgment in a challenge to FWS' 2019 determination that listing the Yellowstone bison as endangered or threatened under the ESA was not warranted. The groups argued the determination, among other things, failed to properly consider whether listing may be warranted due to "curtailment in all or a significant portion of its range," failed to rationally "address the threat of overutilization on the DPS [distinct population segment]...due to aggressive overhunting and culling," and failed to adequately address the the foreseeable risk due to climate change. The court found that FWS applied the wrong evidentiary standard, failed to address a significant aspect of the question before it, and failed to adequately explain its decision. It granted summary judgment for the groups and remanded to FWS for further review.