Defenders of Wildlife v. Jewell
United States District Court for the District of Columbia
70 F. Supp. 3d 183 (D.D.C. 2014)
The Fish and Wildlife Service (FWS) (defendant) initially proposed listing the sand-dune lizard as endangered due to mineral-industry habitat threats, then withdrew that proposal after New Mexico, Texas, and the BLM implemented conservation programs covering 89% of the lizard's habitat by limiting development and encouraging habitat restoration; FWS concluded these programs, though not yet fully proven effective, provided high certainty the habitat would stabilize or improve. Defenders of Wildlife (plaintiff) sued, arguing the withdrawal reflected political pressure rather than the best available science, and both sides moved for summary judgment.
Whether, in determining whether to list a species as endangered under the Endangered Species Act, the U.S. Fish and Wildlife Service may consider state conservation programs that are not yet fully implemented or proven effective, as long as the programs are sufficiently certain to be implemented and effective.