October 12, 2016

Review denied in green sturgeon case

By Damien M. Schiff Senior Attorney

Yesterday, we received the disappointing news that the Supreme Court denied our petition for certiorari to review the Ninth Circuit’s decision in Building Industry Association of the Bay Area v. United States Department of Commerce. Our petition asked the High Court to accept the case in order to decide the question of whether an agency decision not to exclude areas from critical habitat, on account of excessive economic impacts, is subject to any judicial review. We had hoped that the Supreme Court, which has shown much solicitude recently to property owners denied access to court to challenge agency action, would be interested in reviewing the Ninth Circuit’s judicial-review-denying decision. But now evidently is not the right time.

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