· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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