Alaska's Take On Habitat Designation: Next Steps For DOI
February 7, 2013, 1:07 PM EST
Law360, New York (February 7, 2013, 1:07 PM EST) -- A federal district judge in Alaska set aside the U.S. Department of the Interior's Fish and Wildlife Service’s final rule designating critical habitat for the polar bear under the Endangered Species Act (ESA). The court determined that the service’s action was "arbitrary, capricious and procedurally errant."
The U.S. District Court for the District of Alaska found that for two of the three units of the designated critical habitat, the record lacked evidence of physical or biological features identified by the service as necessary for including in...