Wildwest Institute v. Kurth, No. 14-35431 (9th Cir. 2017)Annotate this Case
The court affirmed the FWS's finding that listing the whitebark pine as a threatened or endangered species was "warranted but precluded." Wildwest asserted that FWS's decision was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law. Determining that the case was not moot, the court concluded that FWS was not bound to list species based solely on the degree of threat they face as demonstrated by the assigned Listing Priority Number (LPN), that instead it could properly consider factors outside of those listed in the guidelines, and further that FWS's decision contained a sufficient “description and evaluation of the reasons and data on which the finding was based” to satisfy the Endangered Species Act (ESA), 16 U.S.C. 1531-1544.