Delaware Audubon Society v. Secretary of the Interior
United States District Court for the District of Delaware
612 F.Supp.2d 442 (2009)
The Fish and Wildlife Service (FWS) (defendant) entered 37 cooperative farming agreements permitting commercial farming, including genetically modified crops, at the Prime Hook wildlife refuge without ever making the compatibility determination that governing regulations required before authorizing such uses; the Delaware Audubon Society (plaintiff) sued, and after the lawsuit began and the agreements expired, FWS stated it would not enter new agreements until compatibility determinations and environmental review were completed, arguing this made the claims moot.
Whether, under the National Wildlife Refuge System Administration Act, the federal government may authorize a use of national-wildlife-refuge land without determining that the use is compatible with the refuge's purposes.