Home Builders Association of Northern California v. United States Fish & Wildlife Service

The United States Fish and Wildlife Service (FWS) (defendant) issued a final rule in 2004 listing the central California salamander (the salamander) as threatened under the Endangered Species Act. The 2004 assessment showed improvements to the salamander’s habitat, a decrease in the reported threats, and a better outlook for the species than the assessment that accompanied the proposed rule in 2003. Despite the improvements noted in the 2004 report, experts argued in support of the listing, stating that the salamander’s habitat remained threatened by development, fragmentation, human population growth, and urbanization. Nonnative predators, agricultural and landscaping contaminants, rodent control, roads, and hybridization (i.e., interbreeding with nonnative salamanders), as well as insufficient local regulation, all posed threats to the species as well. The FWS reviewed the evidence against five factors outlined in the Endangered Species Act: (1) the present or threatened destruction of habitat; (2) overutilization of the species for commercial or scientific purposes; (3) the effects of disease or predation on the species; (4) the inadequacy of existing regulatory mechanisms; and (5) other natural or manmade factors that might threaten continued existence of the species. The FWS found that the scientific evidence supported listing the species as threatened based on each of these factors, save the second. The Home Builders Association of Northern California (the association) (plaintiff) challenged the listing, arguing that, except for historical evidence of habitat destruction, the 2004 report showed threats were decreasing and that the species was unlikely to face foreseeable extinction. The parties filed cross-motions for summary judgment.