Representative Matters

Otter, et al. v. Salazar et al., No. 09-CV—2156-RJL (D. D.C. 2009)

Co-Counsel to Idaho Governor Otter in a challenge to the final rule listing Lepidium papilliferum (Slickspot peppergrass) as a threatened species under the Endangered Species Act (ESA) by the Department of the Interior, 74 Fed. Reg. 52,014 (Oct. 8, 2009). The case raised claims under the Federal Administrative Procedure Act and the ESA testing the final determination to list the plant species after significant commitments were made to proactive habitat protection under a broad Candidate Conservation Agreement.