ELR Citation: 55 ELR 20140
No(s). 3:23-cv-00150-A (D. Or. Sep 29, 2025) (Nelson, J.)

A district court granted summary judgment for environmental groups in a challenge to FWS' 2022 ESA rule affirming a 2013 rule that listed the streaked horned lark as a threatened species and expanding the 2013 §4(d) rule's exception for agricultural activities to all of the lark's range. The groups argued FWS made arbitrary findings as to the lark's listing status both throughout its range and in significant portions of its range, and failed to further conservation of the species due to its failure to extend §9 take prohibitions to agricultural activities. The court found FWS' failure to consider the impact that small population size presently has on lark population and its chosen resiliency parameters around population numbers and trends were arbitrary and capricious, and that there appeared to be no evidence supporting expansion of the §4(d) exception. It remanded to FWS to complete a new listing determination within one year, vacated the revised §4(d) rule, and reinstated the 2013 §4(d) rule pending the new listing determination.