District Court Upholds Final Rule Downlisting American Burying Beetle

On September 30, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Fish and Wildlife Service (Service) in a case challenging the agency's final rule downlisting the American burying beetle (Nicrophorus americanus) to "threatened species" status under the Endangered Species Act (ESA).

In its opinion, the court held that the Service adhered to a reasonable interpretation of the ESA and followed proper procedures when deciding to downlist the American burying beetle to threatened status despite noting climate change will pose foreseeable and grave risk to the beetle's remaining populations in the coming decades.

In its motion for summary judgment, plaintiff Center for Biological Diversity (CBD) argued the Service violated the ESA because the agency relied on inadequate data in making its decision, and alleged it failed to issue regulations necessary to conserve the species under section 4(d) of the ESA. CBD