ELR Citation: 53 ELR 20132
No(s). 22-cv-3588 (DLF) (D.D.C. Aug 11, 2023) (Friedrich, J.)

A district court granted in part and denied in part FWS' motion to dismiss a challenge to the alleged failure to preserve gray wolves. An environmental group argued the Service violated §4(f) of the ESA because it never developed or implemented a single recovery plan for the 44-state listing of all gray wolves other than Mexican wolves, and violated §4(c) by failing to conduct a review at least once every five years for the listed species. FWS moved to dismiss for lack of subject matter jurisdiction. The court found recovery plans for the eastern timber wolf, northern Rocky Mountain wolf, and Mexican wolf did not satisfy §4(f)'s requirements for the 44-state listing "to the maximum extent practicable," because the first two plans set goals, listing criteria, and cost estimates for nonlisted species and the third plan for a separately listed species; but that the Service evaluated the recovery status of the wolf in its 2020 rule delisting the species, which occurred within the last five years. It denied the Service's motion as to the first claim, but granted it as to the second claim.