Forum
U.S. District Court for the District of Columbia
Case Status
Decided
Docket Number
1:08-mc-00764-EGS
Case Updates
D.C. Circuit decides geenhouse gas regulation under Endangered Species Act
October 17, 2011
The U.S. District Court for the District of Columbia ruled that the Secretary properly listed the polar bear as “threatened” rather than endangered. In a subsequent ruling, the court held that the Secretary properly exercised his discretionary authority under the Endangered Species Act to issue the 4(d) Final Rule, but vacated the rule on NEPA grounds. The court left intact the Interim Final Rule, as NCLC and its co-litigants had requested.
Earlier in the litigation, NCLC successfully petitioned the Multidistrict Litigation Panel to consolidate and transfer to the D.C. District Court all of the litigation associated with the decision of the Secretary of the Interior to list the polar bear as a “threatened” species under the Endangered Species Act.
Complaint for American Petroleum Institute (API) v. Kempthorne filed 8/27/08. Petition to intervene in Center for Biological Diversity v. Kempthorne filed 9/4/08. Reply brief to challenge to intervention in Center for Biological Diversity filed 9/25/08. Petition to intervene granted 11/18/08. Amicus brief urging consolidation and transfer of litigation filed 9/29/08. Litigation transferred 12/3/08. Chamber of Commerce v. Kempthorne complaint filed 12/11/08. Litigation consolidated as In re: Polar Bear Endangered Species Act Listing and 4(d) Litigation12/12/08. MDL tag-along notice letter filed 1/14/09. Amended API complaint filed 3/13/09. Chamber of Commerce v. Kempthorne consolidated with In re: Polar Bear Endangered Species Act Listing and 4(d) Litigation3/18/09. Plaintiffs’ motion to dismiss API complaint without prejudice filed 4/6/09. Motion to dismiss API complaint granted 5/1/09. Chamber of Commerce v. Kempthorneevoluntarily dismissed 5/14/09. Opposition to motion for summary judgment in In re: Polar Bear Endangered Species Act Listing and 4(d) Litigation filed 3/26/10. Reply brief filed 8/16/10. Supplemental brief filed 10/18/10. Threatened listing upheld 6/30/11. 4(d) Final Rule vacated, Interim Final Rule left intact 10/17/11.
Case Documents
- American Petroleum Institute, et al. v. Kempthorne, et al. (Complaint, 8-27-08).pdf
- Center for Biological Diversity, et al. v. Kempthorne, et al. (Motion to Intervene, 9-4-08).pdf
- Center for Biological Diversity, et al. v. Kempthorne, et al. (Reply Memorandum, 9-25-08).pdf
- In re Polar Bear Endangered Species Listing and 4(d) Lit. (Brief on Motion to Transfer, 9-29-08).pdf
- Chamber of Commerce v. Kempthorne, et al. (Complaint, 12-11-08).pdf
- In re Polar Bear Endangered Species Listing and 4(d) Lit. (Tag Along Notice, 1-14-09).pdf
- In re Polar Bear Endangered Species Listing and 4(d) Lit. (Amended API Complaint, 3-13-09).pdf
- In re Polar Bear Endangered Species Listing and 4(d) Lit. (Memo on Sum. Judgment, 3-26-10).pdf
- In re Polar Bear Endangered Species Listing and 4(d) Lit. (Reply on Sum. Judgment, 8-16-10).pdf