Crow Indian Tribe v. United States, No. 18-36030 (9th Cir. 2020)Annotate this Case
In 2007, the FWS first issued a rule declaring the Yellowstone grizzly population a "distinct population segment" within the meaning of the Endangered Species Act (ESA) and removing it from the protections of the ESA. The Ninth Circuit upheld the district court's determination that further agency consideration was required and remanded, which resulted in a second delisting rule, Rule 2017, which the district court again vacated and remanded. In the remand order, the district court found three important deficiencies in the FWS's analysis.
As a preliminary matter, the panel held that a remand of an agency's rulemaking is a final order as to the government and thus appealable. Furthermore, the panel has jurisdiction to consider the intervenors' appeals regarding recalibration. On the merits, the panel affirmed the district court in all respects, with the exception of the order requiring the FWS to conduct a "comprehensive review" of the remnant grizzly population. As to that order, the panel remanded for the district court to order further examination of the delisting's effect on the remnant grizzly population.