Gerber v. Babbitt’s Empirical Analysis

Citation profile

2 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The [Fish & Wildlife] Service cannot mandate that an applicant for an ITP implement any one particular alternative. While the Administrative Record demonstrates that the Service was aware that moving the access road might result in a slightly decreased incidence of DFS [Delmarva fox squirrel] takes, it ultimately concluded that moving the road would require WCLP to stop work on the Home Port project and to reinitiate state zoning and permit application procedures. Given both the Service’s and the developer’s expertise in such projects, their conclusion that this would render the project impractical is entitled to deference, and plaintiffs have failed to establish that it was arbitrary, capricious or not in accordance with law.”

   1 later decision quote this exact passage · from the majority
   e.g. 202 F. Supp. 2d 594 - Center for Biological Diversity v. United States Fish & Wildlife Service

2. “availability of a draft `habitat conservation plan' (`HCP') and application for a[n] `incidental take permit' (`ITP') for the proposed Homeport on Winchester Creek residential development project,”

   1 later decision quote this exact passage · from the majority
   e.g. Gerber v. Norton

3. “[t]he mitigation site was apparently the subject of a pending real estate transaction as to which the Service had provided Winchester Creek some assurance of confidentiality.”

   1 later decision quote this exact passage · from the majority
   e.g. Gerber v. Norton