Opinion · Court of Appeals for the Ninth Circuit

Animal Defense Council v. Donald P. Hodel, Southern Arizona Water Resources Association, Defendants-Intervenors

Animal Def. Council v. Donald P. Hodel, S. Ariz. Water Res. Ass’n, Defendants-Intervenors, 867 F.2d 1244 (9th Cir. 1989)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1989-02-24
Topic
bankruptcy

“Courts may inquire outside the agency record when plaintiffs make a showing of agency bad faith.” | affirming district court order prohibiting discovery

Citator

Cited by
42 opinions

ORDER

We regret that in the opinion, published at 840 F.2d 1432, there was an error made on page 1436, in the second column in the first full paragraph. This paragraph should read as follows:

The district court may also inquire outside of the administrative record “when it appears the agency has relied on documents or materials not included in the record.” Public Power Council [v. John son], 674 F.2d [791] at 794 [9th Cir.1982], In addition, discovery may be permitted if supplementation of the record is necessary to explain technical terms or complex subject matter involved in the agency action. Id.