Procedural Guarantees

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

Fairy shrimp critical habitat designation violates the ESA

Three property owners in San Diego County own 57 acres that they planned to use for a new recycling center and landfill. When the U.S. Fish and Wildlife Service designated the property as critical habitat for the endangered Riverside fairy shrimp, the development plans were stymied. The owners challenged the designation because there’s no evidence the fairy shrimp were on the property or that the property was essential to the species’ conservation. The Service also failed to consider the economic impacts and other adverse effects of the designation. PLF filed a brief in federal district court supporting the property owners’ motion for summary judgment. In August 2018, the court ruled against the property owners.

Read more