In Center for Biological Diversity v. Haaland (Center v. Haaland), the Ninth Circuit severely limited the power of organizations to subject agency recovery plans to judicial review. Holding that a grizzly bear recovery plan was not “final agency action,” the Ninth Circuit effectively barred litigation against government agencies’ recovery plans for threatened and endangered species. In the case’s aftermath, government agencies have no obligation to act on or respond to public comments petitioning for review of species recovery plans. This holding severs the relationship between the public and government agencies for endangered species protection. Center v. Haaland has stripped away even more power from already ineffective recovery plans, leaving it unclear when–if ever–agency recovery plans can be subjected to judicial review.
Stripping the Bear’s Necessities: A Grizzly Future for Species Recovery Plans
