DOI Report Leads To Remand Of 2 Fish Species Rules

Law360, New York (May 6, 2009, 12:00 AM EDT) -- The U.S. District Court for the District of New Mexico remanded a final rule concerning the critical habitat designation of two fish species after an investigative study by U.S. Department of the Interior found that the previous officials had acted improperly during the rulemaking process.

The remand, granted on Monday, will allow the DOI to reconsider a final rule that it claims was influenced by “nonscientific considerations.”

The final rule in question reduced the critical habitat for two protected fish species, the spikedace and the loach...
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