United States Ninth Circuit

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Center for Biological Diversity v. U.S. Fish & Wildlife Serv., 12-17530

In an action challenging the Fish and Wildlife Service's Biological Opinion which determined that the execution of a Memorandum of Agreement, concerning a groundwater pump test in Nevada, would not jeopardize the Moapa dace, an endangered species, the district court's summary judgment in favor of defendant is affirmed where: 1) there was no evidence in the record that defendant relied on improper factors, failed to consider important aspects of the problem, offered explanations for its decision that were counter to the evidence before it, or offered implausible explanations for its decision; and 2) defendant's determination that its participation in the Memorandum would not cause jeopardy to the Moapa dace was not arbitrary or capricious, or in violation of the Endangered Species Act.

Appellate Information

  • Decided 09/16/2015
  • Published 09/16/2015

Judges

  • PRATT

Court

  • United States Ninth Circuit

Counsel