Ruling Shows 5th Circ. Reluctant To Second-Guess Agencies
Law360 (April 14, 2021, 5:29 PM EDT) -- On March 10, in its decision in Sierra Club v. U.S. Department of the Interior, the U.S. Court of Appeals for the Fifth Circuit refused to overturn a U.S. Fish and Wildlife Service decision to authorize impacts to two endangered cat species: the ocelot (Leopardus pardalis) and jaguarundi (Herpailurus yagouaroundi cacomitli).
According to the FWS, there are approximately 50 ocelots remaining in the U.S. There have been no confirmed sightings of the jaguarundi in the U.S. since 1986.
In reaching its decision, the Fifth Circuit refused to second-guess the agency's decision-making process consistent with the deferential standard of judicial review prescribed in the...
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