Justifying ESA Listings Based on Climate Change Forecasts

Brooke Wahlberg, Svend Brandt-Erichsen and Paul Weiland co-authored the article, "Justifying ESA Listings Based On Climate Change Forecasts," for publication by Law360.  The article examines the Ninth Circuit decision to uphold the National Marine Fisheries Service determination listing the Beringia distinct population segment of the Bearded Seal as a threatened species under the Endangered Species Act.  In doing so, the Ninth Circuit reversed the U.S. District Court for the District of Alaska.  The decision reinforces the fact that the Ninth Circuit applies a highly deferential standard of review to federal agency actions to protect species under the ESA, and suggests that future decisions based on long-term climate change projections will be upheld.

The full article may be viewed here (subscription required).