D.C. Circuit Vacates Biological Opinion Built on Presumption in Favor of Listed Species
Endangered Species Law
JUNE 20, 2023
On June 16, 2023, in a highly anticipated decision , the United States Court of Appeal for the D.C. The court held that a presumption in favor of an endangered species is not required by the Endangered Species Act (ESA) and, further, that such a presumption can distort the agency’s scientific judgment and did so in this circumstance.
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