Wildwest Institute v. Ashe

ORDER

DANA L. CHRISTENSEN, District Judge.

I. Introduction

Plaintiffs filed suit on January 15, 2013 seeking judicial review of the United States Fish and Wildlife Service’s July 19, 2011 finding that listing of the whitebark pine (Pinus albicaulis) as a threatened or endangered species under the Endangered Species Act is “warranted but precluded.” Plaintiffs claim that the finding was arbitrary and capricious, an abuse of discretion, and otherwise inconsistent with the law and congressional intent for a plethora of reasons.

The Court has before it cross-motions for summary judgment filed by the…