The Bush Administration has had an extremely difficult time defending decisions not to list species as "threatened" or "endangered" under the Endangered Species Act (ESA). I suppose it was about time that they won one. Well, they did. In American Wildlands v. Kempthorne, the U.S. Court of Appeals for the D.C. Circuit upheld the Administration's decision not to list the westslope cutthroat trout as a threatened species.