· 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 CourtListenerSourced 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.