Legal Opinion
Otay Mesa Property L.P. v. U.S. Department of the Interior
District Court, District of Columbia
Decided May 27, 2010No. Civil Action 08-383(RMC)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROSEMARY M. COLLYER, District Judge.
The owners of 143 acres of property on Otay Mesa in San Diego County, California, sue the U.S. Fish and Wildlife Service (“FWS”) to cancel its designation of this portion of their property as critical habitat for the endangered San Diego fairy shrimp under the Endangered Species Act, 16 U.S.C. § 1531 et seq. The Court now considers the parties’ cross-motions for summary judgment.
The government’s evidence that the San Diego fairy shrimp actually “occupied” the property at the time it was designated is distinctly thin. Plaintiffs argue that…
2Cases cited23 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Warth v. SeldinSupreme Court of the United States · 1975
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
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3Cited by3 opinions
- Otay Mesa Property, L.P. v. United States Department of the InteriorCourt of Appeals for the D.C. Circuit · 2011
- Student Loan Servicing Alliance v. Dist. of ColumbiaCourt of Appeals for the D.C. Circuit · 2018
- Otay Mesa Property, L.P. v. United States Department of the InteriorDistrict Court, District of Columbia · 2015