United States Ninth Circuit

Held that the U.S. Fish and Wildlife Service acted in an arbitrary and capricious manner in deciding not to list a particular fish as an endangered or threatened species under the Endangered Species Act. Environmental groups and others brought this suit challenging the agency's decision not to list a certain population of the arctic grayling as endangered or threatened. Finding merit in the environmentalists' arguments, the Ninth Circuit held that several aspects of the listing decision were arbitrary and capricious. The panel reversed summary judgment in part and remanded for the Fish and Wildlife Service to reassess its finding.

Appellate Information

• Published 2018/08/17

Judges

• Paez

Court

• United States Ninth Circuit

Counsel