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Federal Judiciary

: SCOTUSBLOG

Petition of the day

By Conor McEvily

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Today?s first ?petition of the day is:

Title: Arizona Cattle Growers’ Ass’n v. Salazar
Docket: 10-454
Issue(s): 1) Whether the Fish and Wildlife Service (FWS) was required to analyze and consider all of the economic impacts that result from designating a particular area as a "critical habitat" under § 4(b)(2) of the Endangered Species Act, including impacts that also may be related to the species being listed as "threatened" or "endangered"; and 2) whether it is lawful for a court to substitute its own rationale for the rationale provided by the FWS to affirm the agency's determination that a particular area, designated as a "critical habitat," is occupied by a threatened or endangered species.

Certiorari stage documents:

Today’s second petition of the day is:

Title: Home Builders Ass’n of Northern California v. United States Fish and Wildlife Service
Docket: 10-605
Issue(s): Whether, under section 4 of the Endangered Species Act, the government must analyze all of the economic impacts of a ?critical habitat? designation (regardless of whether the impacts are co-extensive with, or cumulative of, other causes), or instead only those impacts for which ?critical habitat? designation is a ?but for? cause.