ELR Citation: 53 ELR 20133
No(s). 21-0770 (ABJ) (D.D.C. Aug 11, 2023) (Jackson, J.)

A district court granted environmental groups' motion for summary judgment in a challenge to FWS' decision not to designate critical habitat for the rusty patched bumble bee. The groups argued the Service had not established that the bee would not benefit from the designation, and that it failed to explain how its decision was supported by the record. FWS argued the designation was reasonable because its determination explained that habitat loss and degradation were not believed to be causing the bee's decline, the bee was a generalist and had abundant suitable habitat across its range, and ESA §7 consultation was unnecessary in unoccupied areas and other potential benefits of the designation had otherwise been implemented. The court found the Service failed to demonstrate that critical habitat "would not be beneficial" in any way to the bee, and did not provide a reasoned basis for its decision. It granted the groups' motion, and vacated and remanded the designation to FWS for further proceedings.