United States DC Circuit

The Fish and Wildlife Service's authorization of the otherwise unlawful "taking" of an endangered squirrel, in connection with a proposed residential development, violated the Endangered Species Act where no public comment was allowed on a key component of the application, and no finding was made that the developer's plan reduced the impact of the taking to the maximum extent practicable.

Appellate Information

• Argued 05/07/2002
• Decided 07/02/2002
• Published 07/02/2002

Judges

• Before:  EDWARDS, HENDERSON, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eric R. Glitzenstein argued the cause for appellants.   With him on the briefs was Katherine A. Meyer.  Jonathan R. Lovvorn entered an appearance.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for appellees Gale A. Norton, et al.   With her on the brief was M. Alice Thurston, Attorney., Lawrence R. Liebesman and Rafe Petersen were on the brief for appellee Winchester Creek Limited Partnership.