ELR Citation: 52 ELR 20127
No(s). 19-cv-05206-JST (N.D. Cal. Nov 16, 2022) (Tigar, J.)

In an amended order, a district court granted FWS' and NMFS' motion to voluntarily remand a series of regulations enacted by the Trump Administration that modified how the Services implement the ESA. Environmental groups, states, and cities had argued the regulations violated the ESA, the APA, and NEPA. The Services had moved to remand without vacatur, arguing vacatur would cause confusion among the public, other agencies, and stakeholders. The court had found it doubtful that vacatur would contribute to any uncertainty about which standards to apply, and vacated and remanded the regulations in its initial order. On appeal, the Ninth Circuit found the district court erred in vacating the rules without ruling on their legal validity, and stayed the order pending the district court's consideration of pending motions. The district court amended its previous order, concluding it could not grant pre-merits vacatur but granting the motion for voluntary remand.