From E&ENews PM:
Judge John Roll of the U.S. District Court for the District of Arizona ruled the agency erred in not preparing a recovery plan or designating critical habitat for the rare cat. His ruling orders federal officials to issue a new recovery plan and critical habitat decisions by January 2010.
The service listed the jaguar under the Endangered Species Act in 1997 but did not protect habitat for the cat or write a recovery plan — both required by law.
Initially, FWS officials said that since human takes of the jaguars were one of the chief threats, a habitat map could do more harm than good for the animal. The agency eventually dropped that argument after other jaguar recovery programs in the Southwest published maps. Agency officials then argued that the recovery efforts were not needed because the jaguar’s range in the United States was “insignificant.”
Roll ruled that the FWS findings were inconsistent with federal law and the best available science.
“Based upon a comprehensive review of the administrative record … and because the FWS determination does not appear to be based upon the best scientific evidence available, and because it is inconsistent with the statutory mandate of the ESA, its own regulations, and relevant case law, it must be set aside,” Roll wrote in his 33-page opinion.
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
