· 10/8/2008
Salmon Spawning & Recovery Alliance v. Gutierrez
Citations
- 545 F.3d 1220
- 38 Envtl. L. Rep. (Envtl. Law Inst.) 20258
- 67 ERC (BNA) 1876
- 2008 U.S. App. LEXIS 21063
- 2008 WL 4490533
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding causation was satisfied under the relaxed requirements for procedural claims because “the asserted injury was not too tenuously connected with the agency’s failure to reinitiate consultation”
- “Plaintiffs alleging procedural injury ‘must show only that they have a procedural right that, if exercised, could protect their concrete interests.’” (emphasis in original) (citation omitted)
- “That it is uncertain whether reinitiation will ultimately benefit the groups (for example, by resulting in a “jeopardy” determination [under the ESA]) does not undermine [the plaintiffs’] standing.”
- “If a plaintiff has shown sufficient injury to satisfy Article III, but has not been granted statutory standing, the suit must be dismissed under Federal Rule of Civil Procedure 12(b)(6), because the plaintiff cannot state a claim upon which relief can be granted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tashima, McKeown, Fletcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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