Home Builders Assoc. of Northern California v. U.S. Fish and Wildlife Service
Slip Copy, 2006 WL 3190518 (E.D.Cal. 11/2/06)
(Shubb, J.)
Occupied vs. Unoccupied Habitat: Sometimes, It's Hard To Tell
Because of the statutory constraints the U. S. Fish and Wildlife Service (FWS) faced and the unique characteristics of vernal pools and the species that inhabit them, the FWS appropriately made a critical habitat designation in a manner consistent with the scientific evidence available, although it did not designate which protected areas were occupied or unoccupied by the endangered species.
By
Law.com Staff
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