RECENT FEDERAL DECISIONS

August 2006

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New Studies Received after Close of Comment Period for Proposal to List Buena Vista Lake Shrew as Endangered Did Not Trigger Requirement to Reopen Public Comment
Kern County Farm Bureau v. Allen, ___ F. 3d ___

In an opinion filed June 20, 2006, the Ninth Circuit Court of Appeals held that the U.S. Fish and Wildlife Service (FWS) did not violate the Endangered Species Act (ESA) or the Administrative Procedures Act (APA) by failing to provide public review and comment on studies that became available after the close of the public comment period. In so doing, the court affirmed the district court’s determination that no serious or substantial reason existed to negate the listing of the Buena Vista Lake shrew, and provide for a new comment period.