RECENT FEDERAL DECISIONS

December 2006

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Ninth Circuit Court Finds that FWS Failed to Support Its Decision to Defer Listing of Sensitive Frog
Center For Biological Diversity et al. v. Kempthorne et al., ___F.3d___

On October 18, 2006, the Ninth Circuit Court of Appeals reversed the District Court’s judgment finding that the U.S. Fish and Wildlife Service (FWS) properly deferred listing of the Sierra Nevada Mountain yellow-legged frog (frog). The Ninth Circuit Court of Appeals remanded the case to the District Court for further proceedings.