Center for Biological Diversity v. Haaland, No. 19-35981 (9th Cir. 2021)Annotate this Case
The Ninth Circuit reversed the district court's grant of summary judgment in favor of the Service in an action challenging the Service's decision reversing its previous decision that the Pacific walrus qualified for listing as an endangered or threatened species under the Endangered Species Act (ESA). The panel found that the Service did not sufficiently explain why it changed its prior position. The panel concluded that the essential flaw in the 2017 Decision is its failure to offer more than a cursory explanation of why the findings underlying its 2011 Decision no longer apply. The panel explained that if, as is the case here, the agency's "new policy rests upon factual findings that contradict those which underlay its prior policy," a sufficiently detailed justification is required. In this case, the panel found insufficient the Service's briefs regarding localized prey depletion, a study showing that female walruses can travel longer distances than expected to forage, stampede-related mortalities, habitat loss generally, and subsistence harvest.