Cases

Vernal pools are a significant wetland resource that is on the verge of disappearing in Southern California. Due to the loss of approximately 97 percent of this habitat in the San Diego area, the U.S. Fish and Wildlife Service determined that seven species of animals and plants require listing under the Endangered Species Act. According to the service's Recovery Plan, "to prevent extinction" of the seven vernal pool species, development and related activities must completely avoid vernal pools and their surrounding watersheds. Nonetheless, the service issued the city of San Diego a permit to "take" these species and destroy more vernal pool wetlands. Plaintiffs, twelve local and national conservation organizations, challenged the agency's decision. The plaintiffs argued that the city's plan, upon which the service based its permitting decision, was inadequate because it lacked the required funding, there is no biological support for additional habitat losses, and the plan contradicts the service's standards for recovery of these species.

In October 2006, a federal district judge agreed with the plaintiffs and invalidated the permit.