Author: Damien M. Schiff The D.C. Circuit Court of Appeals ruled today in Otay Mesa Properties v. United States Fish & Wildlife Service that the Service's designation of the plaintiff's San Diego border property as occupied critical habitat for the San Diego fairy shrimp was arbitrary and capricious. The court ruled ...
Author: Damien M. Schiff Last week, Pacific Legal Foundation filed an amicus brief in the D.C. Circuit Court of Appeals in support of the appellants in Otay Mesa Property L.P. v. United States Department of Interior, in which the plaintiff property owners challenged, under the Endangered Species Act, the Service's inclusion of their pr ...