Ctr. for Biological Diversity v. Haaland

Ctr. for Biological Diversity v. Haaland

Opinion

 [*1063]  HURWITZ, Circuit Judge:

Before us is a challenge to a decision of the United States Fish and Wildlife Service ("Service") reversing its previous decision that the Pacific walrus qualified for listing as an endangered or threatened species under the Endangered Species Act of 1973 ("ESA"). We find that the Service did not sufficiently explain why it changed its prior position. We therefore reverse the district court's grant of summary judgment to the Service.

] The ESA is "the most comprehensive legislation for the preservation of endangered species ever enacted by any nation." Tenn. Valley Auth. v. Hill, 437 U.S. 153, 180, 98 S. Ct. 2279, 57 L. Ed. 2d 117 (1978). The Act directs the Secretary of the Interior to protect any "threatened" or "endangered" species. 16 U.S.C. § 1533. A species is endangered if it is "in danger of extinction throughout all or a significant portion of its range," and threatened if it is "likely [**4]  to become an endangered species within the foreseeable future throughout all or a significant portion of its range." 16 U.S.C. § 1532(6), (20). The Service interprets "foreseeable future" to mean the period through which it can reliably determine the threats to a species and the likely consequences. U.S. Dep't of the Interior, Office of the Solicitor, Memorandum on the Meaning of "Foreseeable Future" in Section 3(20) of the Endangered Species Act, No. M-37021, at 13 (Jan. 16, 2009).

] The Secretary must maintain a list of species that qualify for protection. 16 U.S.C. § 1533(c). A species qualifies if it is threatened or endangered by: "(A) the present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence." Id. § 1533(a)(1). The Secretary must make listing determinations "solely on the basis of the best scientific and commercial data available," and "after conducting a review  [*1064]  of the status of the species." Id. § 1533(b)(1)(A).

] Any "interested person" may petition the Secretary to list a species. Id. § 1533(b)(3)(A). Upon receiving a petition, the [**5]  Secretary must determine whether it presents sufficient information to suggest that listing may be warranted. Id. If so, the Secretary must review the species' status and issue a "12-month finding" that listing is either (1) warranted, (2) not warranted, or (3) warranted but precluded by higher priority listing actions. Id. § 1533(b)(3)(B). Species in the third category become listing candidates, and their status is reviewed annually pending a final "warranted" or "not warranted" finding. Id. § 1533(b)(3)(C)(i). The Secretary has delegated authority to administer the Act with respect to certain species, including the Pacific walrus, to the Service. See 50 C.F.R. § 402.01(b).

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