Legal Opinion

Center for Biological Diversity v. Gale Norton, Secretary of the Department of the Interior

Court of Appeals for the Ninth Circuit

Decided June 20, 2001No. 00-16020PublishedCited by 43 opinions

1Opinion of the Court

BERZON, Circuit Judge:

The Center for Biological Diversity (the “Center”) appeals the district court’s grant of summary judgment in favor of the Secretary of the Interior (the “Secretary”). The district court rejected the Center’s effort to compel the Secretary to issue certain findings in response to petitions to list two species for protection under the Endangered Species Act (“ESA”). 16 U.S.C. § 1531 et seq. We find that the Secretary improperly refused to make the necessary findings and therefore reverse the district court’s decision.

I. Background

The Endangered Species Act, enacted in…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  4. Forest Guardians v. BabbittCourt of Appeals for the Tenth Circuit · 1999
  5. Heather K. by Anita K. v. City of Mallard, IowaDistrict Court, N.D. Iowa · 1996

3Cited by43 opinions

  1. Brower v. EvansCourt of Appeals for the Ninth Circuit · 2001
  2. Center for Biological Diversity v. Marina Point Development Co.Court of Appeals for the Ninth Circuit · 2009
  3. Biodiversity Legal Foundation v. BadgleyCourt of Appeals for the Ninth Circuit · 2002
  4. American Lands Alliance v. NortonDistrict Court, District of Columbia · 2003
  5. Friends of Animals v. SalazarDistrict Court, District of Columbia · 2009

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