Conservation Council for Hawai'i v. Babbitt

ORDER SETTING TIMETABLE FOR DETERMINATION OF CRITICAL HABITAT DESIGNATION OR NONDESIG-NATION

KAY, Chief Judge.

BACKGROUND

This dispute involves the United States Fish and Wildlife Service’s (“FWS” or “Service”) final rules not designating critical habitats for 245 endangered or threatened Hawaiian plant species under the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq., on the grounds that designation is not prudent. Plaintiffs, including the Sierra Club Legal Defense Fund, for Conservation Council for Hawaii, the Sierra Club, and the Hawaiian Botanical Society, filed this suit…