ELR Citation: 53 ELR 20041
No(s). 20-573 (EGS) (D.D.C. Mar 8, 2023) (Sullivan, J.)

A district court granted in part and denied in part FWS' motion to dismiss a challenge to the Service's failure to comply with deadlines for listing species as threatened or endangered and for designating critical habitats for them. An environmental group sought to compel FWS to make 12-month findings for 231 species, publish final listing determinations for six species, and make critical habitat designations for four species. FWS moved to dismiss the the 12-month finding claims for 192 species for being time-barred. The court concluded that the ESA imposed a continuing duty on the Service to make 12-month findings for petitioned species, and that because FWS had not yet acted on that continuing duty, the group's claims had not accrued. As to FWS' motions to dismiss the other claims, the court concluded the claim regarding the island marbled butterfly was moot because FWS had since completed a final listing determination and critical habitat designation for the species, that the group failed to comply with the ESA's notice requirements with respect to its claim regarding the Panama City crayfish, and that the court did not have jurisdiction over four listing petitions because they had since been withdrawn. It denied FWS' motion with respect to the claims regarding 12-month findings for 192 species, but granted it in all other respects.