Fish and Wildlife Service cites budget constraints for delay in California spotted owl protections

The Center for Biological Diversity said the service's delay is self-made and increases the risk of the owl's extinction.SAN JOSE, Calif. (CN) — A federal judge was skeptical Wednesday of the U.S. Fish and Wildlife Service’s budget constraint arguments for its delay in a final determination for listing the California spotted owl for protection under the Endangered Species Act.U.S. District Judge Eumi Lee questioned whether the service’s three-year delay for a final determination to add the owl for federal protection under the act was due to the service’s budget woes or other factors.“So, too bad for the spotted owl because it was the last one to sue recently?” asked the Joe Biden appointee.Department of Justice attorney Lucas O’Brien argued at a hearing on a motion for summary judgment that due to court-ordered deadlines from a January 2025 settlement with the Center for Biological Diversity, an environmental advocacy nonprofit, that included making findings that may warrant protection for 76 species, such as Arizona toads and Oregon vesper sparrows, the service’s resources are too slim to take on other determinations before 2028.“It was delayed because the court-ordered deadlines prevented it from completing other listing actions,” O’Brien said. “The California spotted owl final determination is still in the queue.”As part of the settlement with the service, the center agreed not to sue the service over missed Endangered Species Act statutory deadlines for no more than two species per fiscal year, and only “if the center determines that the species faces an imminent risk of extinction.” The center sued the service over the California spotted owl’s final determination listing in November 2025.The California spotted owl is a raptor species that has been protected for over two decades, the center said, because its habitat is old-growth forests in the Sierra Nevada and its small populations in Central and Southern California are threatened by human encroachment and logging.O’Brien said the litigation “usurped the service’s authority and delegation toward those with the greatest need,” and said the threats to the California spotted owl were not in question.Lee questioned why the service continued to delay the determination if it knew about the litigation and how it would need to adjust for the deadlines.“My obligations are bound to what the rules say and what the law requires,” she said.The center said nothing about the service “dragging its feet” is a surprise; however, its budget constraints are self-inflicted and allowing any more delay in the owl’s final determination for listing “rewards the agency for a situation of its own making,” Earthjustice attorney Andria So, representing the center, said.So argued the service requested a budget so small for the 2026 fiscal year — $7 million for listings — that Congress approved twice the amount. If the service knew it would have more work because of the court-ordered deadlines and would need more staff to handle all the proposed listings, why didn’t it request a larger budget, So asked.And even with Congress’ bump, the 2026 budget for listing species is markedly less than the year previous, So said, when Congress appropriated $22 million for listings.Furthermore, So told the court the service is close to finishing the owl listing and would need few resources to address the 50 public comments from 2023 and other “routine actions to finalize.”“Time does matter here,” said So, noting the service’s own proposed rule declares the owl at risk for extinction.Lee took the motion under submission and said she would have a written order soon.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads