Legal Opinion

Spirit of the Sage Council v. Norton

Court of Appeals for the D.C. Circuit

Decided May 31, 2005No. 03-5345, 04-5262, 04-5263, 04-5264PublishedCited by 15 opinions

1Opinion of the Court

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The Spirit of the Sage Council, et al., sued the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), challenging the Services’ jointly-issued “No Surprises Rule” on both substantive and procedural grounds. When the FWS subsequently promulgated the closely related “Permit Revocation Rule,” the Council amended its complaint to contest that Rule as well.

In the orders under review, the district court held the FWS had not provided an adequate opportunity for the public to comment upon the Permit…

2Cases cited12 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  3. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  4. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  5. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911

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3Cited by15 opinions

  1. Speech First, Inc. v. Timothy L. KilleenCourt of Appeals for the Seventh Circuit · 2020
  2. District of Columbia v. DoeCourt of Appeals for the D.C. Circuit · 2010
  3. Commissioner v. SimmonsCourt of Appeals for the D.C. Circuit · 2011
  4. Northern California River Watch v. WilcoxCourt of Appeals for the Ninth Circuit · 2010
  5. Isenbarger v. FarmerDistrict Court, District of Columbia · 2006

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