Southwest Center for Biological Diversity v. Babbitt

215 F.3d 58 (2000)

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Southwest Center for Biological Diversity v. Babbitt

United States Court of Appeals for the District of Columbia Circuit
215 F.3d 58 (2000)

Facts

Southwest Center for Biological Diversity (Center) (plaintiff) filed a petition requesting that the Queen Charlotte goshawk be listed as threatened or endangered under the Endangered Species Act. The Center argued that the best data showed that the United States Fish and Wildlife Service should have listed the Queen Charlotte goshawk as a threatened or endangered species. Bruce Babbitt (Government) (defendant) asserted that the best available scientific and commercial evidence failed to show that the goshawk was a threatened or endangered species. The act provides that the Secretary of the Interior (Secretary) must decide whether to list a species as endangered or threatened based on the best scientific and commercial data available. The parties disputed what conclusion to draw from the best available data. The district court did not address the parties’ dispute and concluded that the best available data was insufficient. The district court issued an order remanding the case to the Fish and Wildlife Service with instructions to count the goshawk population. The Government challenged the order, claiming that the district court’s decision contradicted the statute.

Rule of Law

Issue

Holding and Reasoning (Edwards, C.J.)

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