ELR Citation: ELR 20504
No(s). 00-30117 (5th Cir. Mar 15, 2001)

The court holds that the U.S. Fish and Wildlife Service's and the National Marine Fisheries Service's failure to designate critical habitat for the Gulf sturgeon was arbitrary and capricious. Relying on the definitions of the destruction/adverse modification and jeopardy standards in 50 C.F.R. §402...