Wednesday, January 13, 2016

Center for Biological Diversity v. U.S.

<> Center for Biological Diversity v. U.S. - 1/12/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-16684. Unpublished opinion appealed from the United States District Court for the District of Arizona. The Center alleged that the Forest Service failed to regulate the disposal of spent lead ammunition in the Kaibab National Forest, thus making the Forest Service liable as a "contributor" to an "imminent and substantial endangerment to health or the environment" by permitting the poisoning of California condors and other wildlife. 

     The Panel said, "We conclude the Center has Article III standing. Because the district court did not have occasion to decide the Forest Service's Rule 12(b)(6) motion to dismiss for failure to state a claim, we reverse and remand."


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