ELR Citation: 55 ELR 20091
No(s). 22-1877 (RDM) (D.D.C. Jul 11, 2025) (Moss, J.)

A district court granted summary judgment for environmental groups in a challenge to FWS' decision not to designate critical habitat for the eastern black rail. The groups argued the determination that designating critical habitat for the species was "not prudent" was inconsistent with the Service's ESA obligations to consider the benefits of critical habitat designation and to weigh those benefits against any costs. The court concluded the ESA requires FWS to identify the benefits of designation to a species before deciding to exclude any or all areas of its critical habitat, and that there was no evidence in the record that showed FWS meaningfully weighed the benefits of designation. Finding that FWS' "not prudent" determination violated the ESA, the court vacated and remanded the Service's decision for further proceedings.