Plaintiffs alleged the FWS violated the Endangered Species Act (“ESA”) and the Administrative Procedure Act (“APA”) in connection with the Service’s negative 90-day finding, 80 Fed. Reg. 30,990 (June 1, 2015), which found Plaintiffs’ 2014 petition requesting removal of the Bone Cave harvestman from the federal List of Endangered and Threatened Wildlife under the ESA did not present substantial scientific or commercial information indicating that delisting may be warranted.
Court finding that agency decision was arbitrary and capricious