United States Eleventh Circuit

In an action against FEMA and the Fish and Wildlife Service (FWS) for violating section 7(a)(2) of the Endangered Species Act (ESA) in FEMA's administration of the National Flood Insurance Program (NFIP), grant of summary judgment and injunctive relief in favor of plaintiffs is affirmed over claims that: 1) section 7(a)(2) does not apply to FEMA's administration of the NFIP; 2) section 7(a)(2) does not require FEMA to perform an independent analysis of the FWS's proposed "reasonable and prudent alternatives" before adopting them; 3) section 7(a)(1) does not require agencies to develop species-and location-specific programs for the conservation of listed species; and 4) the district court exceeded its authority by issuing the injunction.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• BARKETT, Circuit Judge:, Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas C. Jackson, Baker Botts, LLP, Washington, DC, for Amicus Curiae, Nat. Ass'n of Home Builders., Tamara McNierney Scrudders, Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, Ft. Lauderdale, FL, for Amicus Curiae, Monroe Cty., FL., Valerie Fernandez, Pac. Legal Found., Stuart, FL, for Amicus Curiae, Pac. Legal Found., James B. Dougherty, Law Office of J.B. Dougherty, Washington, DC, for Amicus Curiae, Taxpayers for Common Sense.


• For Appellees:
  
• Robert J. Lundman, U.S Dept. of Justice, ENR, Washington, DC, for Defendants-Appellants., Mary Randolph Sargent, John F. Kostyack, Nat. Wildlife Fed., Washington, DC, for Plaintiffs-Appellees.