Memorandum opinion and order challenging the October 13, 2020, decision to withdraw the 2013 proposed rule to list the wolverine in the contiguous United States as a threatened distinct population segment under the Endangered Species Act.

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Plaintiffs CENTER FOR BIOLOGICAL DIVERSITY, et al. and WILDEARTH GUARDIANS, et al, Consolidated Plaintiffs vs. DEBRA HAALAND, et al., Federal Defendants and STATE OF IDAHO, by and through the Office of Species Conservation and the Idaho Fish and Game Commission, Defendant-Intervenor.

Dated May 26, 2022. District Judge Donald W. Molloy

This case challenges the United States Fish and Wildlife Service's (the "Service") October 13, 2020 decision to withdraw the 2013 proposed rule to list wolverine as a threatened distinct population segment in the contiguous United States under the Endangered Species Act ("ESA"). For the reasons discussed below, the Service's motion for voluntary remand is granted, but with vacatur.

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Shelf Note: Electronic Files – Zoology: MAMMALS