Friends of the Wild Swan v. Ashe, __ F. Supp.2d__, 2014 WL 1870370, 2014 U.S. Dist. LEXIS 65378 (D. Mont. May 8, 2014).
This case reviews the U.S. Fish and Wildlife Service’s delayed preparation of a recovery plan for the Canada lynx for reasonableness. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the Endangered Species Act (“ESA”) and the Administrative Procedures Act (“APA”). In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.