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Otay Mesa Property, L.P. v. United States Department of the Interior

ELR Citation: ELR 20249
Nos. No. 10-5204, (D.C. Cir., 07/22/2011)

The D.C. Circuit held that a single sighting of a protected species is insufficient to render a property "occupied" for purposes of designating critical habitat under the ESA. In 2007, the FWS designated 143 acres of plaintiffs' property as critical habitat for the San Diego fairy shrimp under the ESA....

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