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Legal Opinion

Gerber, John E. v. Norton, Gale A.

Court of Appeals for the D.C. Circuit

Decided July 2, 2002No. 01-5247PublishedCited by 86 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This case involves a challenge to a decision by the Fish and Wildlife Service to issue a permit authorizing the otherwise unlawful “taking” of the endangered Delmarva fox squirrel in connection with a proposed residential development. Appellants contend that the Service violated the Endangered Species Act (ESA) because it did not allow public comment on a key component of the developer’s permit application, and because it did not make the statutorily required finding that the developer’s plan reduced the impact of the…

2Cases cited16 opinions

  1. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  2. Cabinet Mountains Wilderness/scotchman's Peak Grizzly Bears v. R. Max Peterson, U. S. Forest ServiceCourt of Appeals for the D.C. Circuit · 1982
  3. McLouth Steel Products Corporation v. Lee M. Thomas, Administrator, and U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1988
  4. Connecticut Light & Power Co. v. Nuclear Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1982
  5. Grand Canyon Air Tour Coalition v. Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 1998

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3Cited by86 opinions

  1. Rempfer v. SharfsteinCourt of Appeals for the D.C. Circuit · 2009
  2. American Radio Relay League, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2008
  3. Rural Cellular Ass'n v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2009
  4. Myersville Citizens for a Rural Community, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2015
  5. California Wilderness Coalition v. U.S. Department of EnergyCourt of Appeals for the Ninth Circuit · 2011

81 more not listed; retrieve them via the Exa API.

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