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Spirit of the Sage Council v. Kempthorne

511 F. Supp. 2d 31 (2007)

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Spirit of the Sage Council v. Kempthorne

United States District Court for the District of Columbia
511 F. Supp. 2d 31 (2007)

Facts

Spirit of the Sage Council (Environmental Groups) (plaintiff), along with other Native American and environmental organizations and their members, brought an action challenging two federal rules. The Environmental Groups challenged the No Surprises Rule and the Permit Revocation Rule (Rules) under the Endangered Species Act (ESA). The United States Fish and Wildlife Service and the National Marine Fisheries Service (Services) promulgated the Rules. The Services are agencies within the Department of the Interior and the Department of Commerce. Kempthorne (Department) (defendant) and Environmental Groups moved for cross-motions for summary judgment. Both parties dispute the court’s jurisdiction and the merits of the claims under the Administrative Procedures Act (APA). The Environmental Groups contended that the Rules contravened the ESA and were arbitrary and capricious under the APA. Kempthorne contended that the Environmental Groups lacked standing and their claims were not ripe for review. On the merits, Kempthorne argued that the Rules were reasonable constructions of the ESA and that the Services’ explanations of the rules complied with the APA.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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Environmental Law

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