Center for Biological Diversity v. US Fish and Wildlife Service

MEMORANDUM OPINION AND ORDER

BATES, District Judge.

In this action brought under the citizen suit provision of the Endangered Species Act (“ESA”), 16 U.S.C. § 1540(g), and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706, the Center for Biological Diversity and the Western Watersheds Project (collectively, “plaintiffs”) challenge as arbitrary and capricious the finding of the U.S. Fish and Wildlife Service (“FWS”) that the listing of the Montana fluvial arctic grayling (a salmonid fish) as a threatened or endangered species is “warranted but precluded” by other priorities, and that…