Case Summary Citation
Friends of the Wild Swan v. Ashe, __ F. Supp.2d__, 2014 WL 1870370, 2014 U.S. Dist. LEXIS 65378 (D. Mont. May 8, 2014).
Abstract
In Friends of the Wild Swan v. Ashe, the District Court of Montana reviews the reasonableness of the U.S. Fish and Wildlife Service’s delayed preparation of the Canada lynx recovery plan. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the ESA and the APA. In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.