ELR Citation: ELR 20117
No(s). 04-15540 (9th Cir. Jun 20, 2006)

The court upholds a lower court decision holding that the U.S. Fish and Wildlife Service (FWS) complied with the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) in listing the Buena Vista Lake shrew as an endangered species. A group of local agencies argued that the FWS failed to provide public review and comment on new studies that became available after the close of the comment period, to base its listing decision on the best scientific data available, to summarize the data underlying its decision, and to show the relationship between the data and its decision. The post-comment information, however, is only important, not critical, to FWS’ decision. Moreover, the FWS adequately complied with the APA's and ESA's procedural requirements and should be given deference in making scientifically based decisions. The lower court, therefore, correctly determined that no serious or substantial reason existed to negate the listing and provide for a new comment period.