ELR Citation: 53 ELR 20144
No(s). 21-cv-5706 (LJL) (S.D.N.Y. Sep 5, 2023) (Liman, J.)

A district court granted summary judgment for environmental groups in a challenge to FWS' 12-month finding and determination that the eastern hellbender did not warrant listing as a threatened or endangered species under the ESA. The groups argued FWS failed to articulate a rational and legal basis for its finding, relied on unproven or uncertain future conservation measures, failed to consider the adequacy of existing regulatory mechanisms, applied an arbitrary definition of "a significant portion of its range," and arbitrarily truncated consideration of the "foreseeable future" by limiting its analysis to 25 years. The court rejected most of the claims, but found the Service's reliance on conservation measures that had not yet been implemented or determined effective rendered unlawful its determination that listing the eastern hellbender was not warranted. It vacated the determination and remanded to FWS for further proceedings.