United States Ninth Circuit

In an environmental action challenging the U.S. Fish and Wildlife Service (FWS)’s designation of critical habitat in Alaska for the polar bear, the district court’s grant of partial summary judgment to plaintiffs, vacating the designation, is reversed where: 1) the district court held the FWS to a level of specificity not required by the Endangered Species Act; 2) The FWS used the best available technology as required by 16 U.S.C. section 1533(b)(2); and 3) there was no meaningful deficiency in the manner in which the FWS provided written justification to the state of Alaska for its final action.

Appellate Information

• Published 2016/02/29

Judges

• SCHROEDER

Court

• United States Ninth Circuit

Counsel