Groups Seek to Set Aside Federal Court Ruling Restoring ESA Protections for Hundreds of Species

Washington Cattlemen’s Association, National Cattlemen’s Beef Council, the American Petroleum Institute, thirteen states, and eight other organizations filed a petition for writ of mandamus to the U.S. Court of Appeals for the Ninth Circuit, challenging a lower court order restoring comprehensive Endangered Species Act regulatory protections for hundreds of species and their critical habitats. Petitioners argue that the lower court’s ruling was “clearly erroneous” because it set aside final agency action without declaring the action unlawful under the Administrative Procedure Act. Petitioners have requested that the writ of mandamus issue by September 14, 2022.