ELR Citation: 55 ELR 20090
No(s). 24-3148 (9th Cir. Jul 11, 2025)

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for NMFS in Alaska's challenge to the Service's negative 90-day finding on the state's petition to delist the Arctic ringed seal as a threatened species under the ESA. The appellate court found NMFS reasonably determined that new climate change projections were consistent with those it considered at the time of its 2012 listing decision, reasonably declined to rely on FWS' 12-month findings about the Pacific walrus because they were not specific to the Arctic ringed seal, and did not improperly disregard new information contained in the petition about the seal's response to sea ice loss and other climate-related changes. Finding NMFS reasonably determined the petition did not present new information indicating that delisting may be warranted, the court affirmed summary judgment for the Service.