(NEW YORK CITY) — A federal court in California sided with environmentalists, striking down a U.S. Fish and Wildlife Service (FWS) attempt to withhold protections for the Joshua tree under the Endangered Species Act.
The Central District of California ruled on Monday that the FWS decision to not provide ESA protections for the Joshua tree is unlawful and sidesteps climate science.
Known for its twisted stalks and unusual outline, the Joshua tree is native to the arid southwestern U.S. and thrives in harsh desert environments.
In 2015, WildEarth Guardians, an environmental nonprofit group, petitioned the FWS to list Joshua trees as a threatened species, but a second 2023 species status assessment by the FWS found that neither Joshua tree species — Yucca brevifolia and Yucca jaegeriana — requires protections.
The FWS said it looked at threats from wildfire, invasive grasses, climate change and habitat loss and fragmentation. It found that none of the threats rose to the level to meet the definition of a threatened or endangered species throughout all or a significant portion of their ranges, according to the assessment.
“Through our scientific assessment, the Service determined that Joshua trees will remain an iconic presence on the landscape into the future. Although the two species do not need the protections of the Endangered Species Act, the Service cares deeply about Joshua trees and their roles in the desert environment,” said Service Pacific Southwest Regional Director Paul Souza in a statement in 2023.
“We are coordinating closely with partners to ensure the long-term conservation of these species, including the National Park Service and other Federal agencies, and the State of California, which is also considering measures for the protection of Joshua trees.”
However, multiple studies have shown that shifts in climate in the Mojave Desert is a major contributor to weather events that threaten Joshua trees, including wildfires.
“The agency’s decision, for a second time, reflected a massive disconnect from what the best available science shows — that climate change and wildfire will prevent Joshua trees from successfully recruiting new generations over the coming years,” Jennifer Schwartz, managing attorney for WildEarth Guardians, said in a statement sent to ABC News.
After the FWS analysis was released, WildEarth Guardians sued the FWS “for its failure to follow federal law” in denying protections for the Joshua tree.
The Central District of California ruled in favor of the environmental nonprofit’s claims, writing in the decision “that the Service has not provided a rational explanation as to why climate change alone does not threaten the species to become threatened or endangered.”
“The Service provides no explanation as to why it did not use current trends and standards regarding greenhouse gas emissions as a basis for its decision, when this data currently is available,” the decision states.
The court also noted that when assessing the “foreseeable future” of the Joshua tree, the FWS only looked to the middle of the 21st century, while the end of the 21st century is the commonly used timeline for most scientific assessments.
“It is essential that the Service considers climate change’s effect on habitat suitability in relation to young Joshua trees, and not just the persistence of stronger, adult Joshua trees,” the order states.
The federal court has instructed the FWS to reconsider whether the Joshua tree should receive ESA protections with more scientific analysis.
The ruling “serves as yet another reminder that the U.S. Fish and Wildlife Service must completely grapple with the ongoing and incoming threats from human-created climate change,” Casey Bage, legal fellow for WildEarth Guardians, said in a statement sent to ABC News.
Bage noted that the science “is clear” in this case.
“We must face these facts head-on in order to protect Joshua trees — and other species — to give them the fighting chance that they deserve,” Bage said.
The U.S. Fish and Wildlife Service did not immediately respond to ABC News’ request for comment.
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