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Spirit of the Sage Council v. Norton

ELR Citation: 35 ELR 20110
Nos. No. 04-163, (D.C. Cir., 05/31/2005) appeal denied

The D.C. Circuit dismissed as moot the U.S. Department of the Interior's appeal of a district court order that remanded for further rulemaking and temporarily suspended the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service's (NMFS) "no surprises rule." The government argued that the court exceeded its authority under the Administrative Procedure Act in issuing the order. Both the FWS and the NMFS, however, have completed the required rulemaking, thereby rendering the appeal moot.

[A prior decision in this litigation is published at 34 ELR 20008].