Date: May 13, 2014

Case: 1:14-cv-00802

Subject: Complaint for Injunctive and Declaratory Relief (Petition to list the rusty patched bumble bee as an endangered species)

Defendants’ failure to make a ninety-day finding on the Petition to list the rusty patched bumble bee as an endangered species is a violation of the ESA and its implementing regulations. 16 U.S.C. §§ 1533(b)(3). Defendants’ failure to perform this mandatory, nondiscretionary duty also constitutes agency action “unlawfully withheld or unreasonably delayed” within the meaning of the APA, 5 U.S.C. § 706(1). Additionally, and/or in the alternative, the Secretary’s failure to comply with this provision is arbitrary and capricious, an abuse of discretion, not in accordance with law, and a failure to observe proper procedure under the APA, 5 U.S.C. § 706(2).