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Endangered Species

Science and Deference: The “Best Available Science” Mandate is a Fiction in the Ninth Circuit

Elizabeth Kuhn  Elizabeth Kuhn is a 3L at Lewis & Clark Law School. This post is part of the Environmental Law Review Syndicate (ELRS). I.       Introduction Many recent decisions by the Ninth Circuit[1] have required the court to review agency actions under the Administrative Procedure Act[2] (APA) arbitrary or capricious standard.[3]  The Supreme Court has

Oct 21, 2016