I haven't started down the rabbit hole of the decision yet, but this is my understanding as well. It stems from the Great Lakes decision on delisting criteria needing to take into account all of the historic range, not just distinct population segments. I don't think that will be resolved by the courts, until it gets to the Supreme Court. I've never thought that the DPS rule was particularly good, but it did allow for more lenient management in some instances. Now, it seems to be an achilles heel that will require congressional action rather than administrative. Hopefully congress doesn't screw up ESA reform like they do everything else.