Judicial: EPA, Environmental, CAFO, Insurance

This case is about the Gunnison sage-grouse, a native North American bird, known for its elaborate mating rituals and expansive use of sagebrush country. At issue is the degree of protection required to ensure the species’ long-term conservation—a topic on which the Parties vehemently disagree and from which this federal action stems. This appeal follows the November 14, 2014 issuance by the United States Fish and Wildlife Service (the “Service”) of Final Rules adding the Gunnison sage-grouse to the List of Endangered and Threatened Wildlife (“Final Rule”).² (AR at 199346–199518.) Specifically, the Service listed the Gunnison sage-grouse species as “threatened” under the Endangered Species Act, 16 U.S.C. §§ 1531– 1541, and designated 1.4 million acres in Colorado and Utah as “critical habitat” for the bird. (Id.) Numerous entities now challenge that Final Rule. Among them are the State of Colorado; the Board of County Commissioners for the County of Gunnison, Colorado and the Gunnison County Stockgrowers’ Association, Inc.; and the State of Utah and San Juan County, Utah (Plaintiffs collectively). Plaintiffs contend that the Service erred in numerous ways—procedurally and substantively—and request that this Court vacate the Final Rule. Having thoroughly considered Plaintiffs’ arguments; Federal Defendants’ and Defendant-Intervenors’ responses; the entire Administrative Record; and the applicable law, the Court affirms the Service’s determinations and denies Plaintiffs’ request to vacate the Final Listing Rule.