ELR Citation: ELR 20277
No(s). C88-573Z (W.D. Wash. Nov 4, 1988)

The court holds that the Fish and Wildlife Service's (FWS') decision not to list the northern spotted owl as a threatened or endangered species under the Endangered Species Act was arbitrary and capricious. The court first holds that the decision not to list the owl as endangered was arbitrary and capricious. The agency's status review of the owl population and a finding that it entered in response to a listing petition filed by environmental groups fail to provide any analysis supporting FWS' conclusion that listing is not warranted. FWS' own expert concluded the species was endangered, and numerous other experts agreed with this assessment. The court then holds that FWS' failure to make an express finding on whether the owl should be listed as threatened is also arbitrary and capricious. The court grants FWS 90 days to provide an analysis for its decision.

[An earlier decision from this litigation is published at 19 ELR 20275.]

Counsel are listed at 19 ELR 20275.