Wildearth Guardians v. United States Fish & Wildlife Service

MEMORANDUM DECISION AND ORDER AFFIRMING AGENCY DECISION

CLARK WADDOUPS, District Judge.

INTRODUCTION

In this action, Plaintiffs 1 challenge two permits issued by the United States Fish and Wildlife Service (the “Service”) under the Endangered Species Act (“ESA”). The permits authorize Cedar- City, Utah and the Paiute Indian Tribe to live trap and relocate Utah Prairie Dogs that are damaging the Cedar City municipal golf course and adjacent lands owned by the Paiute Tribe. The Utah Prairie Dog is a “threatened” 2 species under the ESA. It is unlawful to “take” members of this species due to its…