Opinion · Supreme Court of the United States

Pacific Lumber Co. v. Marbled Murrelet

Pac. Lumber Co. v. Marbled Murrelet, 519 U.S. 1108 (1997)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1997-02-18
Topic
general

How later courts describe this case

  • held a reasonably certain threat of imminent harm to a protected species is sufficient for issuance of an injunction under the ESA
  • species protected under ESA has standing to sue "in its own right” to enforce the provisions of the ESA
  • habitat modification which significantly impairs the breeding and sheltering of a protected species amounts to “harm” under the ESA, and “harm,” therefore, includes the threat of future harm
  • “Weight is different from admissibility. An expert’s report might be admissible but so lacking in weight as not to block the granting of summary judgment for the other side.”
  • to prevail in an injunctive proceeding under the ESA, a plaintiff must show that violation of ESA is at least likely in future, or that a definite threat of future harm to protected species exists

Citator

UpLaw has not yet analyzed Pacific Lumber Co. v. Marbled Murrelet. The absence of a flag is not a finding that it is good law.

Cited by
25 opinions

C. A. 9th Cir. Certio-rari denied.