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Critical habitat designation, §4(a)(3)

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

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'...

Forest Guardians v. Babbitt

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could not complete the minnow's critical habitat...