ELR Citation: 54 ELR 20033
No(s). 21-cv-3263-ACR (D.D.C. Feb 28, 2024) (Reyes, J.)

A district court denied summary judgment for a trade group representing ranchers and beef producers in a challenge to FWS' denial of the group's petition to remove the southwestern willow flycatcher from the endangered list under the ESA. The group argued FWS' denial, which concluded the southwestern willow flycatcher was a valid subspecies, was arbitrary and capricious because the Service did not define "subspecies" or use the best available science. FWS argued that it considered the best available science, found that the flycatcher satisfied methods taxonomists use to identify subspecies, and explained its reasoning. The court agreed, finding the group had not shown FWS' determination that the flycatcher was an endangered species was arbitrary and capricious. It denied summary judgment for the group, granted FWS' cross-motion, and dismissed.