Justifying ESA Listings Based On Climate Change Forecasts

Law360, New York (November 16, 2016, 11:49 AM EST) -- Brooke M. Wahlberg

Svend Brandt-Erichsen

Paul S. Weiland On Oct. 24, 2016, the Ninth Circuit upheld the National Marine Fisheries Service determination listing the Beringia distinct population segment (DPS) of the Bearded Seal (Erignathus barbatus nauticus) as a threatened species under the Endangered Species Act. Alaska Oil & Gas Association v. Pritzker, No. 14-35806 (9th Cir. Oct. 24, 2016). In doing so, the Ninth Circuit reversed the U.S. District Court for the District of Alaska. The decision reinforces the fact that the Ninth Circuit applies a highly deferential standard of review to federal agency actions to protect species under the ESA,...

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