WildEarth Guardians

A Force for Nature

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Matt Filsinger USFWS

Confronting Extinction in Western Rivers

WildEarth Guardians v. Bernhardt, et. al.
Settled, ESA Listing Deadlines Secured!
Case No.
Case No. 1:20-cv-1035 (D.D.C.)
Date Filed
April 21, 2020
State, Venue
District of Columbia, Federal District Court for the District of Columbia
Jennifer R. Schwartz (lead), Samantha Ruscavage-Barz
After the filing of our lawsuit, Guardians reached a settlement with the U.S. Fish & Wildlife Service (USFWS) in which the agency agreed to issue a final determination on whether to list the narrow-foot hygrotus diving beetle as threatened or endangered under the ESA by August 15, 2023. Additionally, on September 30, 2021 the D.C. district court issued an order that compels the USFWS to also issue final listing determinations for the Sicklefin and Sturgeon Chubs by September 30, 2023, and for the Rio Grande Chub and Rio Grande Sucker by June 14, 2024. Though the court declined to adopt the prompter deadlines urged by Guardians, this order ensures the USFWS cannot indefinitely delay its obligation to determine, based on the best available science, whether to grant these dwindling aquatic species the federal protections they deserve.