Arizona Cattle Growers' Ass'n v. U.S. Fish and Wildlife Service
United States Court of Appeals for the Ninth Circuit
273 F.3d 1229 (2001)
Relevant factsFree
The FWS (defendant) issued grazing-permit incidental take statements for two fish species: one for the razorback sucker based purely on speculation about the species' presence and habitat modification, and one for the loach minnow grounded in an articulated connection between livestock trampling and habitat harm, though without specifying the extent of a permissible take; ACGA (plaintiff) challenged both, and the district court found the razorback sucker statement arbitrary and capricious.
IssueFree
Whether, under the Endangered Species Act, a federal agency is prohibited from issuing an incidental take statement under the act based on speculative evidence of harm.