ELR Citation: 52 ELR 20102
No(s). 21-2081 (RC) (D.D.C. Aug 29, 2022) (Contreras, J.)

A district court remanded a lawsuit challenging FWS’ decision to downgrade a rare species of parrot from endangered to threatened and to issue a §4(d) rule under the ESA allowing for limited import and export of the bird without an ESA permit. An animal advocacy group sought vacatur, arguing FWS’ finding that the bird should be listed as threatened and its issuance of the §4(d) rule violated the ESA and were arbitrary and capricious. FWS moved for voluntary remand to reconsider its “significant portion of its range” analysis. The court found that remand was appropriate and would not unduly prejudice the group, but concluded that the equities did not weigh in favor of vacating the threatened listing or the §4(d) rule. It retained jurisdiction to ensure the remand reconsideration proceeds swiftly and to facilitate resolution of any of the group’s claims that the remand does not moot.