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· 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 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.