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· 8/17/2010

Cape Hatteras Access Preservation Alliance v. U.S. Department of the Interior

Citations

  • 731 F. Supp. 2d 15
  • 2010 U.S. Dist. LEXIS 84515
  • 2010 WL 3238848

How courts have described this case

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

  • holding that \NEPA allows the agency the discretion of what methodology to use and does not require the use of the best scientific methodology available\
  • holding that “NEPA allows the agency the discretion of what methodology to use and does not require the use of the best scientific methodology available”
  • “The plain reading of the statute fails to provide a standard by which to judge the Service’s decision not to exclude an area from critical habitat.”
  • “[I]t is settled that the ESA does not authorize nondesignation of habitat when designation would be merely less beneficial to the species than another type of protection.”
  • “The plain reading of the statute fails to provide a standard by which to 29 Case: 14-31008 Document: 00513573768 Page: 30 Date Filed: 06/30/2016 No. 14-31008 Cons w/ No. 14-31021 judge the Service’s decision not to exclude an area from critical habitat.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Royce C. Lamberth

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.