Ctr. for Biological Diversity v. Zinke
Summary: In this case, the Center for Biological Diversity and Maricopa Audubon Society (collectively âCBDâ) challenged the determination of the U.S. Fish and Wildlife Service (âFWSâ) that the Sonoran Desert Area bald eagle (âdesert eagleâ) is not a distinct population segment (âDPSâ) eligible for listing under the Endangered Species Act. There are two requirements for DPS status: (1) the discreteness of the population segment in relation to the remainder of the species to which it belongs, and (2) the significance of the population segment to the species to which it belongs. Here, the parties agreed that the desert eagle population is discrete, but they disputed whether the population is significant. CBD argued that if FWS found that a population segment satisfies any of the four listed significance factors, it is required to conclude that the population segment is significant. The court held that FWS did not act arbitrarily and capriciously in concluding that the desert eagle did not satisfy significance requirement for being a DPS, even though it found that the desert eagle satisfied the persistence requirement and one significance factors. The district court's grant of summary judgment to FWS was affirmed.