Judge Dana Christensen issued a ruling today finding the USFWS 2014 decision to withdraw the proposed wolverine listing rule “arbitrary and capricious.” His ruling vacates the decision and remands it to the USFWS. This means that the decision not to list is overturned, and the federal government must reconsider the science and issue a new decision. The court ruling does not require the USFWS to grant wolverines protected status under the Endangered Species Act, but it does find that the USFWS discounted the best available science and applied unnecessarily stringent standards of scientific certainty and precision in reaching the decision not to list.
I’ll get into some analysis in a future post. This decision came out fast, months ahead of what I anticipated, and so I haven’t even had a chance to publish the posts I was working on about the original scientific arguments for and against listing – so I have some catching up to do. In the meantime, the gist of the 85-page decision is summarized in Judge Christensen’s conclusion, for which I think he deserves a heartfelt thanks from future generations of wildlife enthusiasts who might value the opportunity to see wolverines and other climate-sensitive wildlife in the Rockies:
The Service erred when it determined: (1) that climate change and projected
spring snow cover would not impact the wolverine at the reproductive denning
scale in the foreseeable future, and (2) that small population size and low genetic
diversity do not pose an independent threat to wolverine viability in the United
States. By incorporating these determinations into the Withdrawal, the Service’s
decision against listing the wolverine as threatened under the ESA is arbitrary and
capricious. No greater level of certainty is needed to see the writing on the wall
for this snow-dependent species standing squarely in the path of global climate
change. It has taken us twenty years to get to this point. It is the undersigned’s
view that if there is one thing required of the Service under the ESA, it is to take
action at the earliest possible, defensible point in time to protect against the loss of
biodiversity within our reach as a nation. For the wolverine, that time is now.
The document is worth reading in its entirety, so I’m posting it here in .pdf format: Wolverine Ruling 2016.
The decision is detailed, but very readable, and contains a number of statements that made me exclaim out loud and sit up straighter – if you want a concise but thorough understanding of what was going on over the course of the writing of the proposed rule, the evaluation of the science, and the reversal, this is good reading. And those 85 pages are double spaced, so it goes pretty quickly. Enjoy!