CENTER FOR BIOLOGICAL DIVERSITY, WATERKEEPER ALLIANCE, INC., and RIVERKEEPER, INC. v.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and ANDREW WHEELER, in his official capacity as Administrator of the United States Environmental Protection Agency
A federal judge has dismissed a lawsuit challenging the Environmental Protection Agency’s temporary suspension of some Endangered Species Act enforcement actions in response to the coronavirus pandemic without the required consultation of the Fish and Wildlife Service and National Marine Fisheries Service. The judge ruled the Center for Biological Diversity, Waterkeeper Alliance, and Riverkeeper did not have standing to bring the suit because they could not prove the EPA’s policy caused a real risk to endangered species.
[To accompany Federal Case Law Update "ESA Lawsuit Challenging EPA COVID-19 Endangered Species Act Policy Dismissed" from Brooks Animal Law Digest Issue No. 89.]