· 8/25/2009
California Ex Rel. Lockyer v. U.S. Department of Agriculture
Citations
- 575 F.3d 999
- 2009 WL 2386403
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring an EIS, EA, or categorical exclusion to comply with NEPA
- “Any possible effect, whether beneficial, benign, adverse or of an undetermined character, triggers the formal consultation requirement....”
- “An agency’s finding that its action will have no effect on listed species or critical habitat obviates the need for consultation.”
- described by Plaintiffs as: “treating an order reinstating a prior rule after a vacatur as an injunction”
- “consultation is required whenever a federal action ‘may affect listed species.’ ”
- “In determining the scope of an injunction, a district S 18 court has broad latitude, and it must balance the equities between the parties and give due regard 19 || to the public interest.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beezer, Bybee, Bea
Read full opinion on CourtListenerSourced 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.