Otay Mesa Property, L.P. v. United States Department of the Interior
396 U.S. App. D.C. 190
| D.C. Cir. | 2011Background
- San Diego fairy shrimp is an ant-sized endangered species listed in 1997 under the Endangered Species Act.
- The Service may designate critical habitat for occupied areas or outside-occupied areas essential for conservation.
- In 2007 the Service designated 143 acres of plaintiffs' property as critical habitat based on a 2001 sighting.
- Eight surveys in 2001–2001 yielded one confirmed sighting on plaintiffs' land and no sightings in 1997.
- District Court granted summary judgment for the Service; on appeal the DC Circuit vacates and remands.
- Court holds the record is too thin to justify designation based on occupancy as of 1997 and remands to agency to reconsider.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the property occupied by the shrimp in 1997? | Otay Mesa: 1997 occupancy not proven | Service: occupancy supported by later data and habitat context | No substantial occupancy evidence in 1997; vacate designation |
| Is the 2001 sighting sufficient to prove 1997 occupancy? | One 2001 sighting cannot prove 1997 occupancy | Sighting supports continued occurrence and occupancy | Insufficient to establish 1997 occupancy; remand required |
| Did the Service rely on occupancy when designation was made, not outside-occupancy criteria? | Designation should rely on outside-occupancy grounds if appropriate | Designation grounded in occupancy in final rule | Designation based on occupancy, but record insufficient; remand permitted |
| Was the best scientific data available adequately explained? | Data insufficient to support occupancy | Eight surveys acceptable data set | Record thin; vacate and remand for justification |
Key Cases Cited
- Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (U.S. 1983) (court may not supply a reasoned basis for agency action not given by agency)
- Chenery Corp. v. SEC, 318 U.S. 80 (U.S. 1943) (agency must provide justification for decisions)
- Am. Wildlands v. Kempthorne, 530 F.3d 991 (D.C. Cir. 2008) (data reliance under best available science standard)
- Hendricks v. Geithner, 568 F.3d 1008 (D.C. Cir. 2009) (deference vs. abdication in APA review)