NM Farm & Livestock Bureau v. United States Dept of Interior
Court: US Court of Appeals for the Tenth Circuit
Docket: 17-2211
Opinion Date: March 17, 2020
Judge: Carlos F. Lucero
Areas of Law: Civil Procedure, Environmental Law, Government & Administrative Law, Zoning, Planning & Land Use

The jaguar is a large felid found in the southwestern United States, Mexico, Central America, and South America. Pertinent here, the jaguar was listed as a foreign endangered species in 1972. In 2014, the U.S. Fish and Wildlife Service published a final rule designating 764,207 acres in New Mexico and Arizona as critical jaguar habitat. Plaintiffs filed suit, contending the Service’s designation was arbitrary and capricious. The district court ruled in favor of the Service. After review of the district court record, the Tenth Circuit concluded the agency did not comply with the regulation, and the Tenth Circuit's "resolution of this issue is beyond doubt. Further, the agency had a chance to rectify this error, but failed to do so. When an agency does not comply with its own regulations, it acts arbitrarily and capriciously. " The Court therefore reversed the district court and remanded the case for further proceedings.

Source: Justia

John Stewart
Editor, OutdoorWire.com
Vice President, BlueRibbon Coalition