Perspective
Jul. 1, 2010
Protected Critical Habitats for Birds Expanded
The 9th Circuit has paved the way for thousands of miles of migratory flyways used by endangered birds to become protected critical habitat. George Mannina Jr. of Nossaman explains.
In Arizona Cattle Growers' Association, 2010 DJDAR 8233 (June 4, 2010), the 9th U.S. Circuit Court of Appeals upheld a Fish and Wildlife Service determination under the Endangered Species Act (ESA) that critical habitat for the threatened Mexican spotted owl is not limited to areas where the owl actually resides but can encompass any area the owl uses, including the birds' migratory pathway. That standard means the ...
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