The biggest significance of this story is that the federal judge is not buying the “Kempthorne doctrine” that the term “distinct population segment” of the ESA means almost nothing.
Federal District Judge Mary Murguia thinks it does, and she reversed the FWS’s 2006 bald eagle delisting decision as applies to desert-nesting bald eagles, calling it ”arbitrary and capricious, and contrary to law.” When an agency loses a case for this stated reason, it is a major legal rejection because judges defer to “agency expertise” when the issue is at all close. The agency did what did, it appears, because they “got their marching orders” from Washington.
Judge Orders Renewed Protection for Desert Bald Eagle. Environment News Service.