ELR Citation: 54 ELR 20129
No(s). 21-2864 (RDM) (D.D.C. Sep 5, 2024) (Moss, J.)

A district court denied summary judgment for environmental groups in a challenge to FWS' 2015 rule that classified any reestablished black-footed ferret population in Wyoming as a nonessential experimental population. The groups argued FWS' designation of reintroduced ferrets as "nonessential" violated the ESA because it encompassed all ferrets throughout the state and was not site-specific, was not based on best available science, and failed to provide for conservation of the species, and that FWS impermissibly subdelegated statutory authority related to reintroduction and management of endangered species to the Wyoming Game and Fish Department. The groups also argued FWS violated NEPA by failing to prepare an EIS and by preparing an inadequate EA and FONSI. The court found the rule did not violate the ESA and did not include an improper subdelegation of FWS' statutory duties, and that FWS complied with NEPA when it adopted the rule. It denied summary judgment for the groups and granted FWS' cross-motion.