A Montana-based federal judge has ordered the Fish and Wildlife Service to reconsider what could prove a money-losing decision not to protect an Arctic grayling population.
In the latest twist for a much-litigated species, U.S. District Judge Dana Christensen earlier this month directed the FWS to redo its assessment of the fish’s Upper Missouri River population. The agency concluded in 2020 that the Arctic grayling’s distinct population did not warrant listing as a threatened or endangered species.
Citing several flaws in the agency’s analysis, Christensen gave the FWS another 12 months to try again. The agency’s loss in court could also leave the federal government vulnerable to a claim for attorneys’ fees and costs by the environmental advocates who successfully challenged the decision under the Endangered Species Act.
On Friday, the Earthjustice attorneys who prevailed in the Arctic grayling case at the trial level sought additional time to file a request for fees and costs. The extension accommodates an Oct. 5 deadline for the federal government to potentially appeal its loss.
