· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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