Otay Mesa v. U.S. Department of Interior

Opening brief of Appellant in the D.C. Circuit


The Appellant makes three arguments for why the district court judge erred in holding that the designation of prime, commercial land located near San Diego, California should not be designated as critical habitat for the endangered San Diego fairy shrimp. First, the determination that the land is occupied by the shrimp is based on a random finding of the shrimp in a long-since vanished tire rut. Second, the agency did not do an environmental assessement of its rule designating the land as critical habitat. And, the agency did not accurately perform an economic analysis of the designation.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Appellate Brief | Federal, D.C. Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

Written by:


Marzulla Law, LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.