Ninth Circuit Sharpens the Regulatory Teeth of Critical Habitat at the Expense of Landowners and Proponents of Habitat Conservation Plans
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The Ninth Circuit drastically sharpened the regulatory teeth associated with critical habitat in a recent decision. The most significant consequence of the decision, however, may be a stake in the heart of biologically superior conservation plans that operate on an ecosystem-wide basis. And perhaps most troubling is the fact that the ruling is premised upon a significant leap in judicial logic that betrays an incomplete and flawed understanding of Congress’s actual and express directives regarding critical habitat.
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Topics) Endangered Species) Critical Habitat
9th Circuit Court of Appeals
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