Fund for Animals, Inc. v. Rice
United States Court of Appeals for the Eleventh Circuit
85 F.3d 535 (1996)
Sarasota County, Florida applied to the Army Corps of Engineers (Corps) for a Clean Water Act permit to build a landfill affecting wetlands; over roughly five years, the Corps solicited public comment, received an initial Fish and Wildlife Service (FWS) Biological Opinion approving the project (before endangered species were flagged), the EPA initially recommended denial but later withdrew its objection after the County reduced the affected acreage, and the Corps ultimately issued the permit without preparing a formal environmental impact statement or holding an additional public hearing, citing two prior state-level hearings and extensive written public comment already received. After the Fund for Animals (plaintiff) threatened suit over impacts to endangered species the FWS hadn't initially considered, the FWS issued a new opinion finding no jeopardy to those species, and the Corps, after further review, reinstated the permit with modifications; the district court granted summary judgment to the defendants.
Whether, in a challenge to a federal administrative agency's action under the Administrative Procedure Act, the agency's action may be set aside only if the agency abused its discretion or acted arbitrarily, capriciously, or contrary to law.