Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 1 of 12
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`JONATHAN EVANS
`(Pro Hac Vice)
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 BROADWAY, SUITE 800
`OAKLAND CA, 94612
`Cal State Bar # 247376
`EMAIL: jevans@biologicaldiversity.org
`TEL: (510) 844-7100 x318
`Counsel for Plaintiff
`Center for Biological Diversity
`
`THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF ARIZONA
`Center for Biological Diversity,
`Plaintiff,
`v.
`United States Fish and Wildlife Service;
`and Deb Haaland, in her official capacity
`as Secretary of the United States
`Department of the Interior,
`Defendants.
`
`Case No.
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`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
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`1.
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`be listed as
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`INTRODUCTION
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`Bombus suckleyi) should
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`COMPLAINT FOR DECLARATORY AND INJUNCTIVE
`RELIEF
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`
`JONATHAN EVANS
`(Pro Hac Vice)
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 BROADWAY, SUITE 800
`OAKLAND CA, 94612
`Cal State Bar # 247376
`EMAIL: jevans@biologicaldiversity.org
`TEL: (510) 844-7100 x318
`Counsel for Plaintiff
`Center for Biological Diversity
`
`THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF ARIZONA
`Center for Biological Diversity,
`Plaintiff,
`v.
`United States Fish and Wildlife Service;
`and Deb Haaland, in her official capacity
`as Secretary of the United States
`Department of the Interior,
`Defendants.
`
`Case No.
`
`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
`
`1.
`
`be listed as
`
`INTRODUCTION
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`Bombus suckleyi) should
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`COMPLAINT FOR DECLARATORY AND INJUNCTIVE
`RELIEF
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`1
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 2 of 12
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`2.
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`arasite relying on host bumblebee
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`colonies to care for its young. This rare pollinator has been observed across the western
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`United States and inhabits meadows and grasslands. Due to the decline of its primary
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`umblebee is at greater risk for
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`recovery include habitat loss and degradation, livestock overgrazing, conifer
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`encroachment and fire suppression, climate change, pesticide use, disease, and
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`domesticated honey and bumblebees.
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`3.
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`The Center submitted a petition to the Service on April 23, 2020, to list
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`y duty to complete its review of the
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`cuckoo bumblebee of the statutory protections that are necessary for its survival and
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`recovery.
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`4.
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`The Center brings this lawsuit for declaratory and injunctive relief, seeking
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`an Order declaring that the Service is in violation of the ESA by failing to make the
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`required 12-
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`and directing the Service to publish its overdue 12-month listing determination by a date
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`certain.
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`JURISDICTION AND VENUE
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`5.
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`This Court has jurisdiction over this action pursuant to 16 U.S.C. § 1540(g)
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`(ESA citizen suit provision) and 28 U.S.C. § 1331 (federal question). This Court has
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`COMPLAINT - 2
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 3 of 12
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`authority to issue declaratory and injunctive relief pursuant to 16 U.S.C. § 1540(g); 28
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`U.S.C. § 2201-2202 (Declaratory Judgement Act); and 5 U.S.C. § 706 (Administrative
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`6.
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`as required by 16 U.S.C. § 1540(g)(2)(A), by a letter to the Service dated February 9,
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`2022 (received February 18, 2022). The Service has not remedied the ESA violation
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`described in the notice and an actual controversy exists between the parties within the
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`meaning of the Declaratory Judgement Act, 28 U.S.C. § 2201.
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`7.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(e)(1)(C)
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`because Plaintiff resides in this district.
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`PARTIES
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`8.
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`Plaintiff Center for Biological Diversity is a national, non-profit
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`conservation organization that works to ensure the preservation, protection, and
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`restoration of biodiversity, native species, ecosystems, public lands and waters, and
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`public health through science, policy, and environmental law. The Center is incorporated
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`in California and headquartered in Tuscon, Arizona, with offices throughout the United
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`States. The Center has over 1.7 million members and supporters.
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`9.
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`The Center and its members have deep and long-standing interests in the
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`its habitat, and the enforceme
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`COMPLAINT - 3
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 4 of 12
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`are directly harmed by
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`whether Suckle
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`under the ESA.
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`10.
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`The Cent
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`and who regularly visit those areas.
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`from observing this rare species and intend to continue to visit these areas to observe
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`Suckle
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`11.
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`For example, one Center member has professional and educational interests
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`visited habitat areas for Suck
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`bumblebee while conducting surveys for several species of bumblebees. This member
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`and is deeply
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`passionate about its conservation. This member is a part of organizations solely dedicated
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`to the protection of imperiled bees,
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`, and often
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`This member is so
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`enthusiastic about bumblebees, that he has even named his camper van after bumblebees.
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`.
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`survival and recovery, such as the decline of host species, habitat loss and degradation,
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`pesticide use, and climate change.
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`COMPLAINT - 4
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 5 of 12
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`12.
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`Suckle
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`delayed crucial statutory protections for this species and its habitat, therefore impeding
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`conservation efforts. These are actual, concrete injuries that are presently felt by the
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`unless this Court grants relief. The relief sought by Plaintiffs would redress these injuries.
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`The Center and its members have no other adequate remedy at law.
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`13.
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`Defendant U.S. Fish and Wildlife Service, is an agency of the United States
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`Government within the Department of the Interior. The Service has been delegated the
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`responsibility from the Secretary of the Interior to implement the ESA.
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`14.
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`Defendant Deb Haaland, United State Secretary of the Interior, is the
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`highest-ranking official within the U.S. Department of the Interior and has the ultimate
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`authority to administer and implement the provisions of the ESA. The Secretary of the
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`Interior has delegated administration of the ESA to the U.S. Fish and Wildlife Service. 50
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`C.F.R. § 402.01(b). Secretary Haaland is sued in her official capacity.
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`STATUTORY FRAMEWORK
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`The Endangered Species Act
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`15.
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`The Endangered Species Act, 16 U.S.C. §§ 1531 1544, requires federal
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`TVA v. Hill, 437 U.S. 153, 185 (1978). The purposes of the ESA are to
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`al policy of saving endangered
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`COMPLAINT - 5
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 6 of 12
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`threatened species depend may be conserved . . . [and] to provide a program for the
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`16.
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`Section 4 implements the goals of the ESA by charging the Secretary with
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`Id. § 1533(a). The
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`population segment of any species of vertebrate fish or wildlife which interbreeds when
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`Id.
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`is
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`Id. at § 1532(6). A species
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`foreseeable future throughout all or a significant port
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`Id. at § 1532(20).
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`17.
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`species as threatened or endangered. For example, section 7 of the ESA requires all
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`Id.
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`intentionally taking listed species or incidentally taking listed species without a lawful
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`authorization from the Secretary. Id. §§ 1538(a)(1)(B) and 1539.
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`18.
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`The ESA requires the Service to determine whether any species is
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`threatened destruction, modification, or curtailment of its habitat or range; (B)
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`overutilization for commercial, recreational, scientific, or educational purposes; (C)
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`COMPLAINT - 6
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 7 of 12
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`disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other
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`Id. § 1533(a)(1).
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`19.
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`To ensure the timely protection of species that are at risk of extinction,
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`Congress set forth a detailed process whereby citizens may petition the Secretary to list a
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`species as endangered or threatened. The process includes mandatory, non-discretionary
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`deadlines that the Secre
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`substantive protections. The three required findings, described below, are the 90-day
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`finding, the 12-month finding, and the final listing determination. The Secretary has
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`delegated responsibility for making these findings to the Service.
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`20.
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`practicable, within 90-
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`substantial scientific or commercial information indicating that the petitioned action may
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`Id. § 1533(b)(3)(A). If the Service finds that the petition does not present
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`substantial information indicating that listing may be warranted, the petition is denied,
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`and the process ends.
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`21.
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`If the Service instead determines that a petition does present substantial
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`information indicating that listing may be warranted, then the agency must conduct a full
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`Id. Upon completion of this status review, the
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`Se
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`-
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`pending proposals for listing species, provided certain requirements are met. Id. §
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`1533(b)(3)(B).
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`COMPLAINT - 7
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 8 of 12
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`22.
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`-
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`agency must publish notice of the proposed regulation to list the species as endangered or
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`threatened in the Federal Register for public comment. Id. § 1533(b)(3)(B)(ii). Within
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`one year of publication of the proposed regulation, the Service must render its final
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`determination on the proposal. Id. § 1533(b)(6)(A).
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`23.
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`sufficiency or accuracy of the available data relevant to the determination or revision
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`-
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`Id. § 1533(b)(6)(B)(i). Before the expiration of
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`that six-month extension, the Service must publish either a final regulation or a notice of
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`withdrawal. Id. § 1533(b)(6)(B)(ii)-(iii).
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`FACTUAL BACKGROUND
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`24.
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`cuckoo bumblebee is a social parasite, relying on its hosts to
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`raise its young. This unique pollinator plays a vital role in the preservation of bumblebee
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`inhabited meadows and grasslands, nesting in underground cavities created by other
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`cuckoo bumblebee has lost more than 50% of its range and is down by more than 90% in
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`relative abundance compared to historic levels. Due to its reliance on the declining
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`COMPLAINT - 8
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 9 of 12
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`the western bumb
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`25.
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`floral resources such as pollen and nectar that are necessary for their survival. Livestock
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`overgrazing contributes to this decrease in floral resources and increases soil compaction,
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`Furthermore, active fire suppression inhibits the growth of flower-rich meadows, thereby
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`26.
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`cuckoo bumblebee an
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`27.
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`clim
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`24°C / 75°F, they are unable to control their body temperature and cannot fly. Rising
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`temperatures also cause droughts, which leads to the depletion of floral resources within
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`28.
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`Thus, Suckle
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`loss and degradation, pesticide use, and climate change, which are compounded because
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`COMPLAINT - 9
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 10 of 12
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`Listing Petition and Response
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`29.
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`cuckoo bumblebee.
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`30.
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`On May 11, 2021, the Service issued a positive 90-day finding that the
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`caused by livestock grazing and fire management. 86 Fed. Reg. 25,833, 25,835-6 (May
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`change, and habitat loss
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`11, 2021).
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`31.
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`Because of the positive 90-day finding, Defendants had a mandatory duty
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`to issue their 12-
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`Defendants have failed to do so.
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`by April 23, 2021.
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`32.
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`Until Defendants issue the legally required 12-month listing determination
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`threats to its survival and recovery caus
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`ESA.
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`CLAIM FOR RELIEF
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`Violation of the ESA for Failure to Issue a Timely 12-Month Listing
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`33.
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`Plaintiff re-alleges and incorporates all allegations set forth in the preceding
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`paragraphs.
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`COMPLAINT - 10
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 11 of 12
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`34.
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`with
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`-
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`nondiscretionary duty to issue a timely 12-
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`petition to
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`the ESA. 16 U.S.C. § 1533(b)(3)(B).
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`REQUEST FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that the Court enter judgement
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`providing the following relief:
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`1.
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`Declare the Defendants have violated the ESA by failing to issue a timely
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`12-
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`bumblebee;
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`2.
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`Provide injunctive relief compelling Defendants to publish in the Federal
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`Register a 12-mont
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`bumblebee by a date certain;
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`3.
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`Retain
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`judgements and orders herein;
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`4.
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`Grant Plaintiff
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`ESA, 16 U.S.C. § 1540(g)(4); and
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`sts as provided by the
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`5.
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`Provide such other relief as the Court deems just and proper.
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`COMPLAINT - 11
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`Case 4:22-cv-00192-JR Document 1 Filed 04/21/22 Page 12 of 12
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`Respectfully submitted this 21st day of April, 2022.
`
`/s/ Jonathan Evans
`JONATHAN EVANS
`(Pro Hac Vice)
`CENTER FOR BIOLOGICAL DIVERSITY
`1212 BROADWAY, SUITE 800
`OAKLAND, CA 94612
`TEL: (510) 844-7100 x318
`EMAIL: jevans@biologicaldiversity.org
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`COUNSEL FOR PLAINTIFF
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