ELR Citation: ELR 20210
No(s). 07-16732 (9th Cir. Aug 9, 2010)

The Ninth Circuit upheld the FWS' designation of about 850,000 acres of land as critical habitat for 15 endangered or threatened vernal pool species. The court rejected claims that the FWS erred in classifying, as critical habitat, areas in which the physical or biological features essential to the conservation of the species do not occur simultaneously. In vernal pool complexes, the elements necessary to species survival are present in distinct areas. Accordingly, there is no reason that two elements essential for the conservation of a species need be present in the same area. Nor did the FWS err in failing to determine when the protected species will be conserved. There is no reason why the FWS cannot determine what elements are necessary for conservation without determining exactly when conservation will be complete. In addition, the FWS' method for delineating protected areas, as well as its consideration of economic impacts, were proper.