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· 10/7/2013

Lopesierra-Gutierrez v. United States

Citations

  • 134 S. Ct. 330
  • 187 L. Ed. 2d 232
  • 82 U.S.L.W. 3188
  • 571 U.S. 928
  • 2013 WL 4042499
  • 2013 U.S. LEXIS 6396

How courts have described this case

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

  • noting that the language \in consultation with\ Section 7 of the Endangered Species Act requires consultation before the agency reaches a decision
  • “If the proper interpretation is not clear from this textual analysis, the legislative history offers valuable guidance and insight into Congressional intent.”
  • “[S]ection 10 — allowing a private party to apply for an incidental take permit — applies only to fish and wildlife; there is no section 10 incidental take permit provision for endangered plants.”
  • “Chevron deference … applies 25 only ‘when it appears that Congress delegated authority to the agency generally to make 26 rules carrying the force of law, and that the agency interpretation claiming deference was 27 promulgated in the exercise of that authority.’”
  • applying Chevron deference to the ESA

Source: CourtListener parenthetical corpus (CC0).

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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.