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· 10/6/2008

American Bird Conservancy v. Federal Communications Commission

Citations

  • 545 F.3d 1190
  • 46 Communications Reg. (P&F) 66
  • 38 Envtl. L. Rep. (Envtl. Law Inst.) 20257
  • 67 ERC (BNA) 1833
  • 2008 U.S. App. LEXIS 21005

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that ESA’s citizen-suit notice provision did not conflict with Communications Act’s 60-day statute of limitations
  • rejecting plaintiffs’ attempt to plead a direct challenge to an order of the FCC as a failure to act claim
  • “The proper remedy for an inadequate record . . . is to remand to the agency for further factfinding.”
  • “The proper remedy for 19 an inadequate record ... is to remand to the agency for further factfinding.”
  • “The proper remedy for 10 an inadequate record ... is to remand to the agency for further factfinding.”
  • “American Bird attempts to bypass Congress’ ... system of review ... by characterizing its suit as a challenge to the agency’s compliance with federal environmental laws rather than to the agency’s ultimate order.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Tashima, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.