(United States Ninth Circuit) - In an action challenging federal officials' listing decision under the Endangered Species Act,concerning certain 'sea ice seal' species, the district court's summary judgment in favor of plaintiffs is reversed where the National Marine Fisheries Service's (NMFS) listing decision was fair because: 1) in light of the NMFS's robust rulemaking process, or pursuant to a highly deferential standard of review,the NMFS's final rule listing the Beringia distinct population segment as threatened was not arbitrary or capricious; and 2) its listing was supported by substantial evidence.
Source: findlaw.com