Nat'l Ass'n of Home Builders v. U.S. Fish & Wildlife, No. 14-5121 (D.C. Cir. 2015)
Annotate this CaseAppellants, four associations involved in building and developing land, challenged consent decrees that require the Service to determine, in accordance with a settlement-defined schedule for action, whether 251 species should be listed as endangered or threatened. The court concluded that appellants lacked Article III standing, rejecting their claims of procedural injuries based on loss of opportunity to comment at the warranted-but-precluded stage, withdrawal of the warranted-but-precluded classification, and acceleration of final listing determinations. Appellants failed to allege a cognizable harm and appellants' members cannot show injury. Accordingly, the court affirmed the district court's dismissal.
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