Failure to act on emergency petition not reviewable
So ruled the DC District Court last week in Wildearth Guardians v. Kempthorne. The court held that the failure to act on an emergency petition (or the denial of an emergency petition) under 16 USC 1533(b)(7) to list a species is not judicially reviewable under either the ESA citizen suit provision or the APA. The court reasoned that the decision whether to act on an emergency petition is committed to the Secretary's discretion by law.
What to read next
Yesterday, PLF filed comments on Bureau of Land Management’s (BLM) proposed amendments to the Greater Sage-Grouse Resource Management Plans in Colorado, Idaho, Oregon, Nevada and Northeastern Californian, Utah, and Wyoming. … ›
Washington State boasts one of the most protective constitutions in the nation. Among its unique provisions, the Uniformity Clause protects individuals from discriminatory taxation by requiring that any taxes be … ›