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· 6/26/2008

COOS COUNTY BD. OF COUNTY COM'RS v. Kempthorne

Citations

  • 531 F.3d 792
  • 54 A.L.R. Fed. 2d 749
  • 38 Envtl. L. Rep. (Envtl. Law Inst.) 20153
  • 66 ERC (BNA) 1929
  • 2008 U.S. App. LEXIS 13475
  • 2008 WL 2522202

How courts have described this case

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

  • determining that “if a plaintiff can bring suit against the responsible agencies under a citizen suit provision, this action precludes an additional suit under the APA” (internal quotation marks, citation, and brackets omitted)
  • United States does not waive its sovereign immunity and consent to be sued pursuant the ESA’s citizen suit provision where plaintiff did not establish agency “failed to act on a nondiscretionary duty”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ferdinand F. Fernandez and Marsha S. Berzon, Circuit Judges, and Otis D. Wright II

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.