Legal Opinion
Coos County Board of County Commissioners v. Kempthorne
Court of Appeals for the Ninth Circuit
Decided June 25, 2008No. 06-35634PublishedCited by 8 opinions
1Opinion of the Court
BERZON, Circuit Judge:
We are asked to decide whether the Fish and Wildlife Service (“FWS”) 1 has an enforceable duty promptly to withdraw a threatened species from the protections of the Endangered Species Act (the “ESA” or the “Act”), 16 U.S.C. §§ 1531-1544, after a five-year agency review mandated by the Act found that the species does not fit into one of the several types of population categories protected under the ESA. We answer that FWS does not have such a duty.
I. BACKGROUND
The Coos County Board of County Commissioners (“Coos County”) brought this action under the ESA’s citizen suit…
2Cases cited20 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Norton v. Southern Utah Wilderness AllianceSupreme Court of the United States · 2004
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Outdoor Media Group, Inc. v. City of BeaumontCourt of Appeals for the Ninth Circuit · 2007
- Alvarez v. HillCourt of Appeals for the Ninth Circuit · 2008
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3Cited by8 opinions
- Grand Canyon Trust v. United States Bureau of ReclamationCourt of Appeals for the Ninth Circuit · 2012
- COOS COUNTY BD. OF COUNTY COM'RS v. KempthorneCourt of Appeals for the Ninth Circuit · 2008
- Tehama-Colusa Canal Authority v. United States Department of the InteriorDistrict Court, E.D. California · 2011
- Crow Indian Tribe v. United StatesDistrict Court, D. Montana · 2018
- Natural Res. Def. Council, Inc. v. PerryDistrict Court, N.D. California · 2018
3 more not listed; retrieve them via the Exa API.