Conservancy of Southwest Florida v. U.S. Fish & Wildlife Service

How courts have described this case

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

• holding that the language in a statutory provision that stated that “[c]ritical habitat may be established for those species now listed as threatened or endangered” was unreviewable
• “We have held before that the absence of any applicable legal standard that limits the agency’s discretion precludes APA review.”
• “not every agency action that is in some sense discretionary is exempt from APA review”
• “An agency’s failure to follow its own regulations is arbitrary and capricious.” (citation omitted)
• “The decision whether to initiate rulemaking, like the exercise of enforcement discretion, typically involves a complex balancing of factors, such as the agency’s priorities and the availability of resources, that the agency is better equipped than courts to undertake.”

Source: CourtListener parenthetical corpus (CC0).