A California federal judge who vacated Trump administration actions to weaken the Endangered Species Act (ESA) earlier this year restored the regulations and remanded the action back to the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Services (NMFS). The order follows a Ninth Circuit ruling that Judge Jon Tigar “clearly erred” in vacating the ESA rollbacks without weighing their legal merits. The rollbacks included rules allowing FWS to consider the economic impact when deciding whether to list an imperiled species under the ESA.
[To accompany Federal Court Case Law Update "Trump Era ESA Rollbacks Remanded to FWS and NMFS Without Vacatur" from Brooks Animal Law Digest Issue No. 166.]