Last month, as I've noted already, the United States Fish & Wildlife Service and the National Marine Fisheries Service finalized joint amendments to their regulations implementing the Endangered Species Act's critical habitat provisions. One of these amendments codifies the agencies' recent practice of assessing only the "incremental" economic ...
Author: Damien M. Schiff On Friday, the Ninth Circuit Court of Appeals issued a decision in Arizona Cattle Growers Association v. Salazar, concerning a challenge to the critical habitat designation (comprising over 8 million acres) for the Mexican spotted owl. (N.B. PLF represented the Association in the district court). The ma ...