Animal Legal Defense Fund v. Bernhardt

2020 WL 6802837 (N.D.Cal.May 18, 2020)

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Legal Analysis

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Nature Of The Case

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Facts

On October 21, 2019, Animal Legal Defense Fund (P) filed suit to 'challenge recent regulatory revisions promulgated by Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)' which 'deregulate protections for threatened and endangered species.' P asserts two claims against FWS, NMFS, Secretary of Interior David Bernhardt, and Secretary of Commerce Wilbur Ross (Ds) for violations of the Administrative Procedure Act (APA) and the National Environmental Policy Act (NEPA). Ds moved to dismiss P's complaint for lack of jurisdiction. The following organizations filed a motion to intervene as defendants: American Farm Bureau Federation, American Forest Resource Council, American Petroleum Institute, Federal Forest Resource Coalition, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, and Public Lands Council (Intervenors). The following private landowners and conservationists moved to intervene as defendants: Kenneth Klemm, Beaver Creek Buffalo Co., Washington Cattlemen's Association, Pacific Legal Foundation (Landowners). The States of Alabama, Alaska, Arizona, Arkansas, Idaho, Kansas, Missouri, Montana, Nebraska, North Dakota, Utah, West Virginia, and Wyoming (States) also moved to intervene. P does not oppose the motions.

Issues

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Holding & Decision

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