ELR Citation: 54 ELR 20116
No(s). CV 23-02-BU-DLC (D. Mont. Aug 6, 2024) (Christensen, J.)

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to FWS' 2020 revised 12-month finding on a petition to list the Upper Missouri River distinct population segment of arctic grayling. The groups argued FWS failed to analyze the adequacy of existing regulatory mechanisms and ignored best available science in concluding the grayling was not threatened by factors like small population size, habitat degradation, low genetic diversity, and climate change; they sought to have the finding vacated. The court found the groups were entitled to summary judgment on their claims insofar as FWS' determination that the Ruby River population was viable and could provide redundancy was arbitrary and capricious, and it was arbitrary and capricious for the Service to rely on the benefits of the Big Hole River Candidate Conservation Agreement without considering whether the agreement might cease to exist in the foreseeable future or whether site-specific projects would be renewed. It vacated the finding and remanded to FWS to make a new finding within 12 months.