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Endangered Species Ruling By Divided 9th Circuit Panel Favors Development

1 August 2005 - 12:00am | Author: CP&DR Staff

Legal Digest | Vol. 20 No. 08 Aug 2005

A ruling in an endangered species case from Arizona demonstrates how sharply divided federal judges are regarding the legal protections afforded to rare animals and plants.

In an extremely short opinion, a Ninth U.S. Circuit Court of Appeals panel ruled 2-1 that the Army Corps of Engineers was not obliged to consult with the U.S. Fish and Wildlife Service (USFWS) regarding the impacts of two proposed housing developments on the ferruginous pygmy owl.

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