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· 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 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.