ELR Citation: 55 ELR 20089
No(s). CV-24-00146-TUC-RCC (D. Ariz. Jul 7, 2025) (Collins, J.)

A district court granted in part environmental groups' motion for summary judgment in a lawsuit concerning their 2017 petition to FWS to revise the critical habitat for the endangered Mount Graham red squirrel. The groups argued FWS' delay in resolving their petition was "unreasonable" in violation of the APA. FWS filed a cross-motion, arguing its 12-month finding met ESA requirements and that APA claims were precluded because there was a remedy available under the ESA. The court found the fact that FWS had met its duty under the ESA did not mean the groups had no recourse under the APA, and concluded that the six factors used to determine whether a delayed discrete action is unreasonable weighed in favor of the groups. Finding that FWS' delay in deciding the petition on the merits was unreasonable, the court ordered FWS to provide a response to the petition by January 30, 2027, either through a proposed rule to revise critical habitat or a final decision denying the petition.