ELR Citation: ELR 20819
No(s). CV 96-018 TUC JMR (D. Ariz. Dec 18, 1996)

The court holds that a challenge to the adequacy of a critical habitat designation that the Tenth Circuit had enjoined until the U.S. Fish and Wildlife Service (FWS) complies with the National Environmental Policy Act (NEPA) is not justiciable. The court notes that it is obligated to follow the Nint...