· 12/22/2014
San Luis & Delta-Mendota Water v. Pacific Coast Federation Etc.
Citations
- 776 F.3d 971
- 2014 WL 7240003
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[FWS] complies with the best available science standard so long as it does not ignore available studies, even if it disagrees with or discredits them”
- stating that the best science requirement does not “require an agency to conduct new tests or make decisions on data that does not yet exist”
- recognizing limited exceptions for considering extra-record evidence; the party seeking to admit extra-record evidence bears the burden of demonstrating that a relevant exception applies
- finding the court abused its discretion by admitting declarations of experts and relying upon them to question the wisdom of the agency’s judgments
- “[R]eviewing courts may not look to [extra-record] evidence as a basis for questioning the agency’s scientific analyses or conclusions.”
- directing courts to “defer[] to the agency’s scientific conclusions when those conclusions are fairly traceable to the record”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tallman, Rawlinson, Rice
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.