Legal Opinion

Otay Mesa Property, L.P. v. United States Department of the Interior

Court of Appeals for the D.C. Circuit

Decided July 22, 2011No. 10-5204PublishedCited by 18 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case concerns the San Diego fairy shrimp, an aquatic animal found in south ern California. The San Diego fairy shrimp is the size of an ant and has a life span of about 30 days. In 1997, the Fish and Wildlife Service listed the San Diego fairy shrimp as an endangered species under the Endangered Species Act. That Act authorizes the Fish and Wildlife Service to designate property as “critical habitat” for the endangered species if the property was “occupied” by the species when the species was listed as…

2Cases cited5 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. American Wildlands v. KempthorneCourt of Appeals for the D.C. Circuit · 2008
  4. Hendricks v. GeithnerCourt of Appeals for the D.C. Circuit · 2009
  5. Otay Mesa Property L.P. v. U.S. Department of the InteriorDistrict Court, District of Columbia · 2010

3Cited by18 opinions

  1. Fogo De Chao (Holdings) Inc. v. United States Department of Homeland SecurityCourt of Appeals for the D.C. Circuit · 2014
  2. American Forest Resource Council v. AsheDistrict Court, District of Columbia · 2013
  3. Student Loan Servicing Alliance v. Dist. of ColumbiaCourt of Appeals for the D.C. Circuit · 2018
  4. Safari Club International v. SalazarDistrict Court, District of Columbia · 2013
  5. Otay Mesa Property, L.P. v. United States Department of the InteriorDistrict Court, District of Columbia · 2015

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