Catron County Board of Commissioners v. United States Fish and Wildlife Service

75 F.3d 1429 (1996)

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Catron County Board of Commissioners v. United States Fish and Wildlife Service

United States Court of Appeals for the Tenth Circuit
75 F.3d 1429 (1996)

  • Written by Liz Nakamura, JD

Facts

The United States Fish and Wildlife Service (FWS) (plaintiff) listed the spikedace and loach minnow as threatened species and established a critical habitat pursuant to the Endangered Species Act (ESA). Catron County filed a motion for injunctive relief, alleging that FWS failed to comply with the requirements of the National Environmental Policy Act (NEPA) in designating the critical habitat. Catron County alleged that the critical-habitat designation would impede necessary government flood-control efforts, significantly affecting nearby private land, ranches, public roads and bridges, and local economies. FWS did not file an impact statement or prepare an environmental assessment, as required by NEPA, prior to designating the critical habitat. FWS countered, arguing that ESA requirements are duplicative of NEPA requirements and that compliance with both is not required. The district court granted Catron County injunctive relief, and FWS filed an interlocutory appeal.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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