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SOUTHERN CALIFORNIA RECORD

Saturday, April 27, 2024

Environmentalists again seek to force USFWS to add certain Joshua trees to endangered species lists

Lawsuits
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Jennifer Schwartz | Wildearth Guardians

Environmental activist group WildEarth Guardians has once again taken legal action against the U.S. Fish and Wildlife Service (USFWS) and Deb Haaland, U.S. Secretary of the Interior. The group is seeking a court order to declare certain species of Joshua trees as endangered. 

This is the second time the court has been asked to rule on this matter. In 2019, a decision by USFWS not to list Joshua trees as threatened was deemed arbitrary and capricious by the court, according to the filing.

Joshua trees are iconic plants native to Southern California's desert region and are revered symbols in pop culture. However, the lawsuit claims recent studies suggest that climate change could render these species functionally extinct across most of their current range by the end of this century.

According to the complaint, the Environmental Protection Agency also predicts that between 20 to 25% of existing Joshua tree habitat will be lost due to urban development and large-scale energy projects. 

WildEarth Guardians argue that the trees need to be protected under under the Endangered Species Act (ESA) to preserve what the activists say is the already minimal amount of suitable habitat projected to remain.

The plaintiffs are seeking a court order finding the USFWS "irrationally determined for a second time that neither species of Joshua tree warrants listing," vacating the agency's most recent decision concerning Joshua trees, and directing the USFWS to consider the status of Joshua trees for a third time, to reach a decision "that fully complies with the ESA."

The case was filed in the U.S. District Court for the Central District of California on March 20.

They are represented by attorneys Jennifer R. Schwartz and Lindsay K. Larris, of Wildearth Guardians, of Portland, Oregon; and Jennifer L. Williams, of Summa LLP, of South Pasadena. 

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