Friends of the Wild Swan v. Ashe

ORDER

DONALD W. MOLLOY, District Júdge.

The United States Fish and Wildlife Service (“Service”) listed the Canada lynx as a threatened species under the Endangered Species Act (“ESA”) in March 2000.1 65 Fed.Reg. 16052 (Mar. 24, 2000). Once a species is listed as threatened, the Service must designate the critical habitat of that species and develop and implement a recovery plan. 16 U.S.C. § 1533(a), (f). At the time of listing, the Service did not designate critical habitat for the lynx. Alliance for the Wild Rockies v. Lyder, 728 F.Supp.2d 1126, 1129 (D.Mont.2010). And since that time, the…