The Center for Biological Diversity (Center) has filed another lawsuit against federal agencies and officials, including lead defendant the U.S. Fish and Wildlife Service (FWS), for their alleged failure to carry out mandatory duties under the Endangered Species Act (ESA). The citizen enforcement suit seeks a court order compelling the defendants to act by judicially designated deadlines.
According to Thursday’s District of Columbia complaint, the FWS missed statutory deadlines by which it must classify nine species as endangered or threatened and designate critical habitat for 10 listed species, including insects, plants, a mammal, and aquatic species that are imperilled due to habitat loss, climate change, and other threats.
The Center, a litigant that frequently brings ESA lawsuits, claims that it and its members are injured by the defendants’ failure to timely decree listing decisions and critical habitat designations. Recently, the Center filed suits on behalf of 10 species awaiting protection, against the FWS for a decision to down-list a beetle species and for failure to designate critical habitat and create a recovery plan for an endangered Hawaiian bird.
According to this week’s complaint, the agency’s lapses have delayed the application of the ESA’s protections, making the species’ conservation more difficult. In turn, the Center seeks to enforce deadlines upon the FWS.
First, the plaintiff requests that the FWS publish tardy “12-month” listing determinations for the Mojave poppy bee, Las Vegas bearpoppy, Gulf Coast solitary bee, and the Bethany Beach firefly as endangered or threatened. Next, the Center asks that the FWS put forth final rules listing the Franklin’s bumble bee, Sierra Nevada red fox, and Bartram’s stonecrop.
The plaintiff also wants the FWS to publish final rules listing and designating critical habitat for the Hermes copper butterfly and Beardless chinchweed, and designate critical habitat for the Big Pine partridge pea, Blodgett’s silverbush, sand flax, wedge spruge, Everglades bully, Florida pineland crabgrass, Florida prairie-clover, Pineland sandmat, and Pearl darter. Finally, the complaint requests that the FWS propound a final rule implementing its designation of critical habitat for the Suwannee moccasinshell.
The Center for Biological Diversity is represented by its own counsel.
