Opinion
2:19-cv-09473-ODW (KSx)
10-07-2021
WILDEARTH GUARDIANS, Plaintiff, v. DEB HAALAND & U.S. FISH & WILDLIFE SERVICE, Defendants.
JUDGMENT
OTIS D WRIGHT, II UNITED STATES DISTRICT JUDGE
On September 20, 2021, the Court GRANTED Plaintiffs Motion for Summary Judgment (ECF No. 42) and DENIED Defendants' Motion for Summary Judgment (ECF No. 46). (Order, ECF No. 59.) Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. Defendants' 12-Month Finding that listing the Joshua tree as a threatened species under the Endangered Species Act (“ESA”) is not warranted, 84 Fed. Reg. 41694-01, is hereby SET ASIDE as arbitrary, capricious, and contrary to the ESA;
2. Defendants' 12-Month Finding is REMANDED to Defendant United States Fish and Wildlife Service for reconsideration in light of the Court's Order; and
3. JUDGMENT is entered for Plaintiff and against Defendants.
IT IS SO ORDERED.