· 7/2/2008
The Lands Council v. McNair
Citations
- 537 F.3d 981
- 38 Envtl. L. Rep. (Envtl. Law Inst.) 20163
- 67 ERC (BNA) 1001
- 2008 U.S. App. LEXIS 13998
- 2008 WL 2640001
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an agency must support its conclusions with studies that the agency deems reliable
- holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data
- recognizing that the court is not to make “fine-grained judgments of [the science’s] worth”
- holding that the proper role for a reviewing court \is simply to ensure that the Forest Service made no clear error of judgment that would render its action arbitrary and capricious\ (internal quotation marks omitted)
- explaining that the court is not to impose its own scientific judgment on the agency
- noting that this is particularly so where plaintiffs are also found not likely to succeed on the merits of their claims.
Source: CourtListener parenthetical corpus (CC0).
Judges: Kozinski, Rymer, Kleinfeld, Hawkins, Silverman, McKeown, Fisher, Berzon, Clifton, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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