436 U.S. 371 (1978) Cited 309 times 1 Legal Analyses
Holding Montana law charging nonresident elk hunters higher license fee than residents did not violate Privileges and Immunities Clause because elk hunting is a "recreation and a sport," not a commercial activity and, therefore, not a constitutional right or important economic activity
Holding that an amicus brief may provide assistance to a court by contributing background or factual references that merit consideration, or by explaining the impact that a potential holding might have on an industry or other group, even when the parties to an action are properly represented
Finding approach unlawful because it ignored that "the conservation status of populations within each DPS varie[d] dramatically, ranging from recovered populations in parts of Montana, to precarious populations in Washington, to extirpated populations in Nevada."
In Center for Public Integrity, the court noted that an analysis of customer zip codes for a business required to file with the Federal Communications Commission "over time could reveal where customers had been acquired or lost" and "could also provide valuable information about where [a] filer is focusing its efforts to acquire customers and [about] the overall financial health of the FCC filer."
Holding that the FWS may not limit its analysis of a significant portion of a species' range "to areas that ensure the validity of the DPS" and finding that the FWS could not delist a gray wolf DPS on the basis that a core population was viable without addressing unoccupied portions of the gray wolf's current and historical range
Holding that an agency is not required to undertake the "useless" exercise of repealing a regulation by notice and comment when Congress passes a statute that renders the regulation obsolete
16 U.S.C. § 1531 Cited 1,684 times 26 Legal Analyses
Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."
16 U.S.C. § 1532 Cited 879 times 35 Legal Analyses
Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"
Fed. R. App. P. 29 Cited 304 times 10 Legal Analyses
Stating that a motion for leave must indicate "the movant’s interest" and "the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case"