Home Builders Assoc. of Northern Calif. v. United States

Ninth Circuit decision affirming district court's granting of Summary Judgment to U.S.


The Ninth Circuit weighs in (again) on the question of what the Endangered Species Act requires when private land is designated as critical habitat, in this case for the endangered fairy shrimp. The plaintiffs, several builders' groups, challenged the critical habitat designation on a variety of grounds. Of particular interest is the Ninth Circuit's holding that the Fish and Wildlife Service must consider the economic impact of the critical habitat designation by itself, and not in conjunction with other applicable regulations.

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Reference Info:Decision | Federal, 9th Circuit | United States

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