United States Ninth Circuit

In an action pertaining to a formal Biological Opinion (BiOp) developed by the Commerce Department's National Marine Fisheries Service (NMFS) pursuant to the Endangered Species Act regarding the impact of continuing water extraction on certain threatened and endangered Salmonid species, summary judgment in favor of plaintiffs is reversed and remanded for entry of summary judgment in favor of defendants, where: 1) the district court did not give NMFS the substantial deference it is due under the Administrative Procedure Act; and 2) the components of the BiOp invalidated by the district court are reasonable and supported by the record, and the BiOp should be upheld in its entirety.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel