ELR Citation: 53 ELR 20184
No(s). 22-1877 (RDM) (D.D.C. Nov 26, 2023) (Moss, J.)

A district court granted FWS' motion for partial voluntary remand in a challenge to its decision to list the eastern black rail as threatened instead of endangered. Environmental groups argued FWS' decision, and related determination that designation of critical habitat for the rail was "not prudent," violated the ESA. FWS moved for remand without vacatur to permit the agency to reconsider its listing decision and further explain that decision. The court found the Service's asserted intent to revisit the challenged decision met the threshold requirement for granting voluntary remand, that its motion was neither frivolous nor made in bad faith, and that granting the motion would not unduly prejudice the groups. It granted the motion.