Appendices: A Pattern of Ruling Against Mother Nature: Wildlife Species Cases Decided by Justice Kavanaugh on the DC Circuit
| Author | William J. Snape, III |
| Position | Fellow, Practitioner-in-Residence, and Assistant Dean for Adjunct Faculty Affairs, American University, Washington College of Law. Senior Counsel, Center for Biological Diversity. Chairman of Board of Directors, Endangered Species Coalition. B.A., Honors College, magna cum laude, University of California, Los Angeles; J.D., George Washington ... |
| Pages | 32-33 |
32 Sustainable Development Law & Policy
APPENDIx A
Judge Sentelle’s Wildlife Decisions
Case Notes
Friends of Animals v. Jewell, 824 F.3d 1033 (D.C. Cir. 2016) Against wildlife
Bldg. Indus. Ass’n of Superior Cal. v. Babbitt, 161 F.3d 740 (D.C. Cir. 1998) For wildlife
Am. Wildlands v. Kempthorne, 530 F.3d 991 (D.C. Cir. 2008) Against wildlife
Nat. Ass’n. of Home Builders v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997) Against wildlife
Defs. of Wildlife v. Gutierrez, 532 F.3d 913 (D.C. Cir. 2008) Against wildlife
Sweet Home Chapter of Cmtys. for a Great Or. v. Babbitt, 17 F.3d 1463 (D.C. Cir. 1994) Against wildlife
Ctr. for Biological Diversity v. U.S. Dep’t. of Interior, 563 F.3d 466 (D.C. Cir. 2009) Half for wildlife
Nat. Res. Def. Council, Inc. v. Hodel, 865 F.2d 288 (D.C. Cir. 1988) Half for wildlife
Theodore Roosevelt Conservation Partn. v. Salazar, 661 F.3d 66 (D.C. Cir. 2011) (Majority Opinion) Against wildlife
Anglers Conservation Network v. Pritzker, 809 F.3d 664 (D.C. Cir. 2016) (Majority Opinion) Against wildlife
Marcum v. Salazar, 694 F.3d 123 (D.C. Cir. 2012) (Majority Opinion) For wildlife
Spirit of the Sage Council v. Norton, 411 F.3d 225 (D.C. Cir. 2005) (Majority Opinion) For wildlife
Animal Legal Def. Fund, Inc. v. Glickman, 204 F.3d 229 (D.C. Cir. 2000) (Majority Opinion) Against wildlife
Defs. of Wildlife & Sierra Club v. Perciasepe, 714 F.3d 1317 (D.C. Cir. 2013) (Majority Opinion) For wildlife
Rhinelander Paper Co. v. Fed. Energy Regulatory Comm’n, 405 F.3d 1 (D.C. Cir. 2005) (Majority Opinion) For wildlife
Theodore Roosevelt Conservation Partn. v. Salazar, 616 F.3d 497 (D.C. Cir. 2010) (Majority Opinion) Against wildlife
Grunewald v. Jarvis, 776 F.3d 893 (D.C. Cir. 2015) (Majority Opinion) Half/half
C & W Fish Co. v. Fox, 931 F.2d 1556 (D.C. Cir. 1991) Against wildlife
Ala. Power Co. v. Fed. Energy Regulatory Comm’n, 979 F.2d 1561 (D.C. Cir. 1992) For wildlife
Ctr. for Biological Diversity v. U.S. Envtl. Prot. Agency, 749 F.3d 1079 (D.C. Cir. 2014) Against wildlife
S.D. Warren Co. v. Fed. Energy Regulatory Comm’n, 164 Fed. Appx. 1 (D.C. Cir. 2005) For wildlife
Nat. Ass’n. of Home Builders v. U.S. Army Corps of Eng’rs, 264 Fed. Appx. 10 (D.C. Cir. 2008) For wildlife
Am. Rivers & Ala. Rivers All. v. Fed. Energy Regulatory Comm’n, 895 F.3d 32 (D.C. Cir. 2018) For wildlife
Nat’l Wildlife Federation v. Fed. Energy Regulatory Comm’n, 912 F.2d 1471 (D.C. Cir. 1990) Against wildlife
Oceana, Inc. v. Locke, 670 F.3d 1238 (D.C. Cir. 2011) For wildlife
Rancho Viejo, LLC v. Norton, 334 F.3d 1158 (D.C. Cir. 2003) Against wildlife
Fla. Audubon Soc’y v. Bentsen, 94 F.3d 658 (D.C. Cir. 1996) Against wildlife
27 TOTAL CASES
11.5 CASES FOR WILDLIFE
43% FOR WILDLIFE
57% AGAINST WILDLIFE
appenDiceS:
a pattern of ruling againSt mother nature:
wilDlife SpecieS caSeS DeciDeD by JuStice Kavanaugh
on the Dc circuit
By William J. Snape, III*
33
Fall 2018
APPENDIx B
Judge Garland’s Wildlife Decision
Case Notes
Safari Club Int’l & Nat’l Rifle Ass’n of Am. v. Zinke, 878 F.3d 316 (D.C. Cir. 2017) Half for/half against wildlife
Am. Wildlands v. Kempthorne, 530 F.3d 991 (D.C. Cir. 2008) Against wildlife
In re Polar Bear Endangered Species Act Listing & Section 4(d) Rule Litig. (Safari Club Int’l v.
Salazar), 709 F.3d 1 (D.C. Cir. 2013) Half for/half against
Fund for Animals, Inc. v. Kempthorne, 472 F.3d 872 (D.C. Cir. 2006) Half for/half against
Rancho Viejo, LLC v. Norton, 323 F.3d 1062 (D.C. Cir. 2003) For wildlife
Conservation Force, Inc. v. Jewell, 733 F.3d 1200 (D.C. Cir. 2013) Half for/half against
Am. Bird Conservancy, Inc. v. Fed. Commc’n Comm’n, 516 F.3d 1027 (D.C. Cir. 2008) For wildlife
Sierra Club v. Van Antwerp, 661 F.3d 1147 (D.C. Cir. 2012) Three quarters against/
one quarter for
Swanson Grp. Mfg., LLC v. Jewell, 790 F.3d 235 (D.C. Cir. 2015) For wildlife
Animal Legal Def. Fund, Inc. v. Glickman, 204 F.3d 229 (D.C. Cir. 2000) Against wildlife
Theodore Roosevelt Conservation Partn. v. Salazar, 616 F.3d 497 (D.C. Cir. 2010) Against wildlife
Gerber v. Norton, 294 F.3d 173 (D.C. Cir. 2002) For wildlife
Grunewald v. Jarvis, 776 F.3d 893 (D.C. Cir. 2015) Half for/half against
Humane Soc’y of the U.S. v. Glickman, 217 F.3d 882 (D.C. Cir. 2000) For wildlife
Oceana, Inc. v. Locke, 670 F.3d 1238 (D.C. Cir. 2011) For wildlife
Conservation Law Found. v. Fed. Energy Regulatory Comm’n, 216 F.3d 41 (D.C. Cir. 2000) Against wildlife
Davis v. Latschar, 202 F.3d 359 (D.C. Cir. 2000) One half for/one half against
17 TOTAL CASE
9.25 FOR SPECIES
54% FOR WILDLIFE
46% AGAINST WILDLIFE
