Forum
U.S. District Court for the District of Columbia
Case Status
Decided
Docket Number
Oral Argument Date
September 12, 2018
Case Updates
U.S. District Court for the District of Columbia remands, without vacating, U.S. Fish & Wildlife Service decision to list the Northern Long-Eared Bat as “threatened” rather than endangered
January 28, 2020
Click here to view the opinion ordering the agency to reevaluate aspects of the determination the court held were flawed. The U.S. Chamber and a coalition of trade associations had intervened to defend the Service’s decision to list the species as “threatened.”
U.S. Chamber files reply brief
September 29, 2017
The Chamber joined with a coalition of business groups to file a reply brief in support of its cross-motion for summary judgment in these two cases concerning the listing of the northern long-eared bat as a threatened species under the Endangered Species Act.
U.S. Chamber intervenes in defense of northern long-eared bat’s designation under ESA as threatened
June 09, 2016
As part of a coalition of trade associations, the U.S. Chamber intervened in a case in federal court in Washington, D.C. to defend the decision of the U.S. Fish and Wildlife Service (“FWS”) to list the northern long-eared bat as “threatened” rather than “endangered” under the Endangered Species Act (“ESA”). Environmentalist groups sued FWS, arguing that the agency erred by not listing the bat as endangered. The Chamber-led coalition argues that the bat has been properly listed as "threatened" rather than "endangered" in part because the bat's population decline is due to natural causes rather than human action.
John C. Martin, Sarah C. Bordelon and Sherrie A. Armstrong of Crowell & Moring LLP served as counsel for the coalition.
Case Documents
- Complaint -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Defendants' Answer to Complaint -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Answer to Complaint by Bell Lumber & Pole Co., et al. -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Answer to Complaint by American Forest & Paper Assn., et al. -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- First Amended Complaint for Declaratory and Injunctive Relief -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Motion to Intervene -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Memo of Points and Authorities in Support of Motion to Intervene -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Federal Defendants' Answer to First Amended Complaint -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Motion to Intervene -- Defenders of Wildlife v. Ashe (DDC).pdf
- Memo of Points and Authorities iso Motion to Intervene -- Center for Biological Diversity v. Ashe (DDC).pdf
- Answer to Plaintiff's Complaint -- Center for Biological Diversity v. Ashe (DDC).pdf
- Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 1 to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 2 to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 3 (Declaration of Seggerman) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 4 (Declaration of Andresen) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 5 (Declaration of Bone) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 6 (Declaration of Fascione) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 7 (Declaration of Greenwald) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 8 (Declaration of Jackson) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 9 (Declaration of Johnson-Godsy) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 10 (Declaration of Kotala) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 11 (Declaration of Matteson) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 12 (Declaration of Pelster) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 13 (Declaration of Sachs) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 14 (Declaration of Wood) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 15 (Proposed Order) to Plaintiffs' Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Federal Defendants' Opposition and Partial MSJ on Listing Claims -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Wisconsin Amicus Brief -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Intervenors Response Brief and Cross-Motion for Partial Summary Judgment -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Exhibit 1 to Intervenors Response Brief and Cross-Motion for Partial Summary Judgment -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Plaintiffs' Reply to Opposition to Motion -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Plaintiffs' Notice of Supplementary Authority -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Defendant-Intervenors' Reply iso Cross-Motion for Partial Summary Judgment -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Federal Defendants' Reply iso Motion re Partial Summary Judgment on Listing Claims-- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Notice of Supplemental Ruling -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Memorandum Opinion -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Order on Summary Judgment -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf
- Memorandum Opinion -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf.pdf
- Order on Remedy -- Center for Biological Diversity, et al. v. Ashe (DDC).pdf