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· 4/1/2008

Florida Key Deer v. Paulison

Citations

  • 522 F.3d 1133
  • 38 Envtl. L. Rep. (Envtl. Law Inst.) 20083
  • 66 ERC (BNA) 1225
  • 2008 U.S. App. LEXIS 6850
  • 2008 WL 842423

How courts have described this case

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

  • concluding that consultation under ESA was required because the statutory scheme where FEMA managed its own flood insurance program “b[ore] little resemblance to the scheme in [Home Builders], where no discretion was found”
  • protecting the Key Largo cotton mouse, Key Deer, Key Largo woodrat, Lower Keys marsh rabbit, Schaus’ swallowtail butterfly, silver rice rat, Stock Island tree snail, and Key tree-cactus
  • “settled” that court may enjoin agency from “further noncompliant action pending satisfaction” of the ESA
  • “If [one agency’s opinion is] arbitrary and capricious, an[other] agency’s decision to adopt [it] is likewise arbitrary and capricious and may be challenged.”
  • “Another agency’s reliance on that opinion will satisfy its obligations . . . if a challenging party can point to no ‘new’ information, i.e., information the [agency] did not take into account — which challenges the opinion’s conclusions.”
  • “‘otherwise improve’ land management and use”

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Barkett, Trager

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.