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· 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).

Read full opinion on CourtListener

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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.