37 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,036 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,704 times 35 Legal Analyses
Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,654 times 50 Legal Analyses
Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.
556 U.S. 502 (2009) Cited 1,053 times 21 Legal Analyses
Holding that agencies may not change their policies "sub silentio "
City of Arlington v. Fed. Commc'ns Comm'n
569 U.S. 290 (2013) Cited 561 times 11 Legal Analyses
Holding that Chevron applies to questions about the scope of an agency's statutory authority
Lands Council v. McNair
537 F.3d 981 (9th Cir. 2008) Cited 703 times
Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data
San Luis & Delta-Mendota Water Auth. v. Jewell
747 F.3d 581 (9th Cir. 2014) Cited 277 times 1 Legal Analyses
Holding that the Fish and Wildlife Service's choice of a baseline, though imperfect, was not arbitrary or capricious because removal of the imperfections would not have been feasible
Arizona Cattle Growers' Ass'n v. United States Fish & Wildlife
273 F.3d 1229 (9th Cir. 2001) Cited 311 times 2 Legal Analyses
Holding that "it was arbitrary and capricious for the Fish and Wildlife Service to issue terms and conditions so vague as to preclude compliance therewith"
Gifford Pinchot Task F. v. U.S. Fish W
378 F.3d 1059 (9th Cir. 2004) Cited 225 times 15 Legal Analyses
Holding that discovery of new facts “mandates reinitiating formal consultations” and that “[the consulting agency] was obligated to reinitiate consultation pursuant to 50 C.F.R. Section 402.16”
Nat. Wildlife v. Nat. Marine
524 F.3d 917 (9th Cir. 2007) Cited 182 times 6 Legal Analyses
Holding that consultation is required so long as the agency could comply with both the ESA and other statutory requirements
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,510 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 1531 - Congressional findings and declaration of purposes and policy
16 U.S.C. § 1531 Cited 1,675 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 ...."
Section 1536 - Interagency cooperation
16 U.S.C. § 1536 Cited 1,321 times 35 Legal Analyses
Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"
Section 1532 - Definitions
16 U.S.C. § 1532 Cited 869 times 33 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"
Section 1538 - Prohibited acts
16 U.S.C. § 1538 Cited 706 times 11 Legal Analyses
Defining "take"
Section 402.14 - Formal consultation
50 C.F.R. § 402.14 Cited 706 times 16 Legal Analyses
Requiring disclosure of Draft Biological Opinions to private applicants if requested
Section 402.02 - Definitions
50 C.F.R. § 402.02 Cited 489 times 18 Legal Analyses
Defining "action" as "all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. Examples include, but are not limited to . . . actions directly or indirectly causing modifications to the land, water, or air"
Section 402.16 - Reinitiation of consultation
50 C.F.R. § 402.16 Cited 202 times 5 Legal Analyses
Requiring the Services to reinitiate consultation in specified circumstances, including when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered"
Section 424.12 - Criteria for designating critical habitat
50 C.F.R. § 424.12 Cited 70 times 14 Legal Analyses
Stating that "Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species"

Save Our Cabinets et al v. United States Fish And Wildlife Service

37 Cited authorities

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

Holding that agencies may not change their policies "sub silentio "

Holding that Chevron applies to questions about the scope of an agency's statutory authority

Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data

Holding that the Fish and Wildlife Service's choice of a baseline, though imperfect, was not arbitrary or capricious because removal of the imperfections would not have been feasible

Holding that "it was arbitrary and capricious for the Fish and Wildlife Service to issue terms and conditions so vague as to preclude compliance therewith"

Holding that discovery of new facts “mandates reinitiating formal consultations” and that “[the consulting agency] was obligated to reinitiate consultation pursuant to 50 C.F.R. Section 402.16”

Holding that consultation is required so long as the agency could comply with both the ESA and other statutory requirements

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

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 ...."

Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"

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"

Defining "take"

Requiring disclosure of Draft Biological Opinions to private applicants if requested

Requiring the Services to reinitiate consultation in specified circumstances, including when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered"

Stating that "Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species"