April 1, 2009

Jaguar critical habitat decision overturned

By Jaguar critical habitat decision overturned

Yesterday, Chief Judge Roll of the District of Arizona overturned the Service's decision not to designate critical habitat for the jaguar.  The case is a bit anachronistic in its focus on whether the decision not to designate was properly supported by the Service's conclusion that designation would be "imprudent."  The Service's policy of not designating critical habitat on that ground was routinely rejected by district courts in the early and mid 1990s, leading to many critical habitat designations for species that had been listed for some time.  Based upon the AP story, it appears that the Service will not be appealing this one.

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