Jul 30, 2010 8:06 AM by Bea Karnes, News First 5

Judge: USFWS plan excluded possible lynx habitat

A federal judge has ruled that the U.S. Fish and Wildlife Service is arbitrarily excluding "critical habitat" that could be occupied by the elusive Canada lynx.

U.S. District Judge Donald Molloy ruled Wednesday the agency excluded large swaths of Western habitat from protection when it recommended in 2009 that 39,000 square miles in Maine, Minnesota, Montana, Wyoming, Idaho and Washington be designated as critical habitat.

The agency had argued that it excluded some habitat in the West because there was no evidence that lynx were reproducing there. But Molloy said the absence of that evidence is not necessarily cause for exclusion, especially if the area hasn't been surveyed for breeding animals.

Several environmental groups filed suit in U.S. District Court in 2009, saying more designated habitat is needed in Colorado, Montana and Idaho.


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