LAWSUITS FILED OR PENDING

March 2009

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Petition Filed Seeking Court Order Requiring Numerous Federal Agencies’ Response to a Request for Rulemaking to Address the Impacts of Global Warming on Imperiled Species
Center for Biological Diversity v. Kempthorne

On January 15, 2009, the Center for Biological Diversity filed a complaint for declaratory and injunctive relief against the U.S. Department of the Interior, Department of Commerce, Department of Agriculture, Department of Transportation and Department of Defense, as well as the Environmental Protection Agency (EPA) (collectively, the defendants) in the U.S. District Court for the District of Columbia alleging the defendants failed to respond to a petition for rulemaking, in violation of the Administrative Procedure Act (APA). The lawsuit centers on a petition for rulemaking filed on February 1, 2007, requesting that the defendants adopt new regulations describing their obligations to develop and implement recovery programs under § 4(f) of the Endangered Species Act in light of global warming’s impact on endangered species.