· 12/17/2001
Arizona Cattle Growers' Association v. United States Fish And Wildlife
Citations
- 273 F.3d 1229
- 2001 Daily Journal DAR 13005
- 32 Envtl. L. Rep. (Envtl. Law Inst.) 20392
- 2001 Cal. Daily Op. Serv. 10416
- 53 ERC (BNA) 1904
- 2001 U.S. App. LEXIS 26821
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the Fish and Wildlife Service’s issuance of an incidental- take statement arbitrary and capricious because the evidence linking cattle grazing to an effect on the razorback sucker was too speculative and “woefully insufficient”
- \We are deferential to the agency's expertise in situations ... where `resolution of the dispute involves primarily issues of fact.'\
- \[T]he use of ecological conditions as a surrogate for defining the amount or extent of incidental take is reasonable so long as these conditions are linked to the take of a protected species.\
- incidental take statement must provide some way to measure effects and determine whether the action is complying with the incidental take limit
- incidental take proxy must be based on data that links changes in habitat characteristics or other metric to take of listed species
- “[T]he. use of ecological conditions as a surrogate for defining the amount or extent of incidental take is reasonable so long as these conditions are linked to the take of a protected species.”
Source: CourtListener parenthetical corpus (CC0).
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.