United States Ninth Circuit

In a challenge to the designation by the U.S. Fish and Wildlife Service (FWS) of about 850,000 acres of land as critical habitat for fifteen endangered or threatened vernal pool species, summary judgment for defendants is affirmed where: 1) Gifford Pinchot said nothing about how many Primary Constituent Elements must be included in an area for it to be classified as critical habitat; 2) there was no reason why FWS could not determine what elements were necessary for conservation without determining exactly when conservation would be complete; and 3) plaintiff failed to suggest a method that might have produced a more precise delineation of the protected area.

Appellate Information

• Decided 08/09/2010
• Published 08/09/2010

Judges

• Rebecca R. Pallmeyer

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• M. Reed Hopper, Ronald J. Tenpas