Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

July 24, 2023

Federal Appeals Court Strikes Down National Marine Fisheries Service’s Claimed Duty to Give Species the “Benefit of the Doubt” in the Face of Factual Uncertainty; Calls into Question Deference to Agency Interpretation Under Endangered Species Act

In an opinion with the potential to significantly impact future challenges to agency action – including, notably, challenges to biological opinions prepared in accordance with the Endangered Species Act (ESA) – the United States Court of Appeals for the District of Columbia Circuit took aim at several key issues affecting agency decisionmaking, challenging an agency’s responsibilities when making decisions in the face of uncertainty and calling into question the degree of deference a court must afford an agency’s statutory interpretations.  … Read More

Written by Kendra D. Hartmann