Thursday, May 23, 2013

Center for Biological Diversity v. Badgley case brief

Center for Biological Diversity v. Badgley case brief 335 F.3d 1097

CASE SYNOPSIS: Plaintiffs, non-profit environmental groups, appealed a judgment from the United States District Court for the District of Oregon, which entered summary judgment in favor of defendant, the United States Fish and Wildlife Service (FWS), in plaintiffs' suit claiming a violation of the Endangered Species Act (ESA), 16 U.S.C.S. §§ 1531-1544, by making an erroneous, arbitrary, and capricious determination that the Northern Goshawk was not endangered.

FACTS: FWS assembled a team of wildlife biologists with special expertise in the area of goshawks to conduct a status review. The administrative record indicated the status review team conducted a comprehensive review of scientific published and unpublished literature, peer reviews, and raw data in making their report. Based on the status review team's report, FWS determined that the best available scientific and commercial data did not indicate the goshawk population was endangered or threatened. In the absence of evidence that the goshawk was endangered or likely to become endangered in the foreseeable future, FWS's decision was not arbitrary or capricious. The court held that FWS's determination was amply supported by evidence in the record.

CONCLUSION: The judgment was affirmed.

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