Judge orders FWS to rule on Mount Graham red squirrel habitat

By Michael Doyle | 07/08/2025 01:38 PM EDT

The Fish and Wildlife Service has until Jan. 30, 2027, to decide on a petition to expand critical habitat filed in 2017.

A Mount Graham red squirrel in the Pinaleño Mountains of Arizona.

A Mount Graham red squirrel in the Pinaleño Mountains of Arizona. Marit Alanen/Fish and Wildlife Service via AP

A federal judge says the Fish and Wildlife Service has “unreasonably delayed” decision-making on a proposal to expand the critical habitat for the endangered Mount Graham red squirrel, a rare species that’s become familiar with the spotlight.

In a ruling punctuated by tart observations about the agency’s tardiness, U.S. District Judge Raner Collins gave FWS a firm deadline of Jan. 30, 2027, to resolve the critical habitat petition filed in 2017. Collins’ ruling issued Monday leaves it up to FWS to decide whether to reject the petition or accept it and seek to expand the squirrel’s designated critical habitat.

“The Court acknowledges that the Service has a monumental task of protecting endangered species given the budget and workforce cuts discussed in oral argument,” Collins wrote, adding that, “however, it does not mean that the Service can prolong a ruling on the petition indefinitely.”

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The “workforce cuts” cited in the May 19 oral argument held in Tucson’s federal courthouse primarily refer to those imposed during the Trump administration. Hundreds of FWS employees have reportedly left the agency, although a top agency official told a House subcommittee in June that he was “not in a position” to discuss personnel-related numbers.

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